Salman Akram Raja explained court decision and Election Act

2 months ago

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Executive has no choice but to comply with court orders: Justice Shah says not acting on verdicts is ‘constitutional violation’

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Transcript

00:00on the basis of judgement.

00:02No, you are wrong.

00:04It is a clear judgement.

00:06Maybe they are reading it wrongly on purpose

00:08or their legal advisers are not able to understand

00:10what the decision is.

00:12The decision is based on the law,

00:14not on any law.

00:16Keep this in mind.

00:18When it is based on the law,

00:20you can only change it

00:22by changing the law.

00:24You cannot change it by simple legislation.

00:26They have explained that

00:28Article 51, section 6

00:30and the one for the National Assembly

00:32require that

00:34the party which

00:36contested the elections

00:38and got the seats,

00:40they should get special seats

00:42on the basis of that.

00:44This is the basic

00:46will of the law.

00:48If this was not the case,

00:50the Parliament

00:52and the National Assembly

00:54would have been a non-legislative

00:56National Assembly.

00:58Article 17 would have been

01:00non-legislative.

01:02This is the decision.

01:04It has nothing to do with any law.

01:06All the laws that have been made

01:08are not based on

01:10Article 51 or Article 106

01:12for the National Assembly.

01:14They are machinery

01:16provisions.

01:18They have said that

01:20the basic aim of this law

01:22is to establish a democratic government

01:24and a democratic government

01:26cannot be established

01:28if you give special seats

01:30to a party which has won

01:32three seats and you give

01:34ten seats to that party.

01:36Then it becomes a non-legislative

01:38National Assembly.

01:40This is the right decision.

01:42They have realized

01:44that the candidates

01:46were from the PTI.

01:48We all went as PTI candidates.

01:50At 10.30 on 13th January,

01:52there is a decision

01:54which says that you should not

01:56sign the ballot.

01:58After that, the Election Commission

02:00says that since you do not want

02:02to sign, we will make you

02:04independent.

02:06This is where the destruction

02:08of the system begins.

02:10We had gone there as PTI candidates.

02:12We had filed a nomination paper.

02:14We had tickets.

02:16We had to collect the tickets

02:18on 13th January.

02:20We had to give you

02:22the symbol of independent candidates.

02:24We would have given you the ticket

02:26if we had to give you the symbol

02:28of PTI.

02:30Since we are not giving you

02:32the PTI symbol, we will not

02:34give you the PTI ticket.

02:36I gave an example of what happened

02:38with me.

02:40Since I was a lawyer,

02:42I collected my ticket and

02:44received it.

02:46The Election Commission lied

02:48and said that we will not

02:50take your ticket.

02:52This is very important.

02:54Because of this,

02:56the Supreme Court said that

02:58since the Election Commission

03:00made this fundamental mistake,

03:02it is necessary that the reality

03:04is that the people of Pakistan

03:06have voted for PTI.

03:08They have voted for PTI candidates.

03:10Therefore, we will consider them

03:12as PTI candidates.

03:14All we need is that they

03:16accept PTI.

03:18They are making

03:20a mistake

03:22for three days.

03:24If someone is elected

03:26as an independent candidate,

03:28he can join a party

03:30in three days.

03:32The Supreme Court said that

03:34you were not elected as an independent candidate.

03:36You were elected as a PTI candidate.

03:38We believe that you were elected

03:40as a PTI candidate.

03:42No party is joining you.

03:44The issue is that

03:46technically, it is Mr. Tariq Khan's position.

03:48But since you have amended it in the Election Act,

03:50Mr. Tariq Khan is going to challenge it.

03:52We have done it.

03:54We are going to challenge it.

03:56What will be the political

03:58and legal scenario?

04:00Will the seats be in limbo?

04:02That would be an ideal scenario for you.

04:06I don't think

04:08that there is such a situation.

04:10It would have been better

04:12if it was a case of first impression.

04:14It would have been better

04:16if there was some misunderstanding.

04:18It would have been better

04:20if it was a case of first impression.

04:22According to the law,

04:24the chairman of the Sunni Atheism Council

04:26did not contest.

04:28PTI is not before us.

04:30Considering this,

04:32and considering the security,

04:34since the constitution of the SIC

04:36does not allow

04:38non-Muslims to become members,

04:40they cannot get these seats.

04:42But we send this matter to the parliament.

04:44Legislation should be done

04:46in the parliament.

04:48Judges are not legislators.

04:50Judges cannot make law.

04:52They can only interpret the constitution.

04:54They have to interpret

04:56the constitution and the law.

04:58In all this,

05:00a review has been filed

05:02by the Election Commission of Pakistan

05:04and other candidates

05:06from whom these seats were taken.

05:08The 80 affidavits

05:10of the Sunni Atheism Council

05:12were not challenged

05:14at any stage.

05:16They were not called

05:18and asked to show their affiliation

05:20according to the constitution

05:22within three days.

05:24They were considered independent.

05:26The constitution and the law

05:28are clear.

05:30The constitution and the law

05:32say that they were free

05:34and after being elected,

05:36you cannot interpret

05:38the constitution and the law

05:40as you wish.

05:42You have to interpret

05:44the constitution and the law

05:46as it is.

Salman Akram Raja explained court decision and Election Act

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Transcript

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