Adalti Atal Faislay Aur Hakoomati Hatt Dharmi. . Mulki Halaat Kis Taraf Jayen Ge??
Adalti Atal Faislay Aur Hakoomati Hatt Dharmi. . Mulki Halaat Kis Taraf Jayen Ge??
Transcript
00:00As you know, since the Supreme Court's decision has been made in Pakistan regarding specific sessions,
00:06our national political scene has been in turmoil.
00:14Every day we see that a new statement is coming from the government,
00:19the opposition has its own opinion on it,
00:22our experts on a daily basis, when we talk to them,
00:26they say that the Supreme Court's decision will have to be acted upon,
00:31there is no other way.
00:33The government has already made a law on it,
00:36and keeping the law in view,
00:39whether the Supreme Court's decision can be acted upon or not,
00:44we will find out more in the coming days.
00:47But two days ago, Senior Penal Judge,
00:50Mustaqbal, will pick up the Chief Justice of Pakistan on 23rd October this year.
00:56If the current Chief Justice does not get an extension,
00:59which Hassan Ayub gave a reference to in a story yesterday,
01:02that a big package is coming with regards to the amendment of the constitution,
01:05it is being said that perhaps an extension should be given.
01:09He will also meet Hassan today to find out what the development is on that.
01:12Justice Mansoor Ali Shah was addressing a conference,
01:16during which he expressed his views on the decision of the Supreme Court.
01:22It is never possible for the Supreme Court's judgment not to be implemented.
01:26This would be a violation of the constitution if this is thought of.
01:29Because the executive institutions have to be recognised that they have no choice
01:33but to comply with the orders of the Supreme Court.
01:36I am not saying this, the constitution is saying this.
01:38No one has a choice to say that it is not right or wrong.
01:42The constitution says that this is a judgment,
01:44and this judgment has to be implemented.
01:46This is the way.
01:47Or change the whole structure and make something else.
01:49But according to the structure of the constitution, this is the position.
01:54And no disregard or delay can be made for any verdict,
01:57otherwise you will ruin the entire legal system.
02:00You will ruin the entire balance of the constitution.
02:03This is also against the separation of powers.
02:06Separation of powers gives us a task,
02:08it gives a task to the executive, it gives a task to the legislature.
02:11Otherwise, you will totally out of balance the concept of separation of powers.
02:16And this is the core component of democracy.
02:19And it should not be disturbed.
02:22Then Senior Penal Judge Justice Mansoor Ali Shah
02:26also talked about a moral responsibility.
02:29Whose moral responsibility is this?
02:31These are our decisions.
02:33This is not a courtesy that you have to implement.
02:37This is a burden on you.
02:39It is an obligation.
02:40It is a constitutional obligation and you have to follow it.
02:43And this is a very delicate equilibrium in the constitution.
02:46It is necessary to respect it.
02:48It is our obligation to keep this balance.
02:51And there should not be any kind of executive overreach.
02:54No one has a choice to second-guess it.
02:57Is this judgment right or wrong?
02:59This is not even its prerogative.
03:01The prerogative is of the Supreme Court.
03:03The Supreme Court has decided.
03:04That has to be implemented.
03:05That is the system of this country.
03:07That is the constitution of this country.
03:09If you want to make a new system, then make it first.
03:11Then we will talk about it.
03:13It has become clear that this is a duty.
03:16This is a constitutional duty.
03:18And it has severe consequences.
03:20If you do not implement it.
03:23Viewers, Rana Sanaullah has answered this.
03:27He did not take the name.
03:28But the government stance, the point of view
03:31which he presented in reference to the speech of Senior Penal Judge.
03:36A Supreme Court judge, a justice
03:39It is not enough for him to give speeches and present his case.
03:43He speaks through his decisions.
03:45Now if he has said this.
03:47Then I will request him in his service.
03:50Where you are saying that there is no option.
03:54That the decision of the Supreme Court should be implemented.
03:57There is no option with any court.
04:01Whether that is High Court or Supreme Court.
04:03That it should decide in accordance with the constitution.
04:07Courts have to decide according to the constitution and law.
04:12The constitution and law are to be made by the parliament.
04:15The law that the parliament will make.
04:17Courts will decide according to that.
04:19Who will decide that the decision of the Supreme Court is in accordance with the constitution.
04:22This decision can be made by the parliament.
04:24Parliament is the mother of all institutions.
04:29Mr. Naveed, you heard what was said from both sides.
04:35As Hassan was saying yesterday in reference to the decision of the Supreme Court.
04:38When the decision of the Supreme Court comes.
04:40Then it is very important to act on it.
04:45You do not have any other way.
04:47Later, you can also legislate on it to reduce or increase its effects.
04:52But the immediate reaction is to act.
04:56Just like the decision was made yesterday.
04:58It was the decision of three judges.
05:02Two of them were majority.
05:04Three MNs were immediately notified.
05:07One of them was MPA.
05:08Yes, Mr. Naveed.
05:10When you talk about the balance of the constitution.
05:14When you said in your speech.
05:18That the balance of the constitution should be kept in mind.
05:24The authority to make the constitution.
05:26The authority to abide by the constitution.
05:28Is of the National Assembly.
05:30Now when you are challenging the authority of the National Assembly.
05:33As a Supreme Court Judge.
05:35So how can there be a balance in that constitution?
05:37This is my first question.
05:39My second question is.
05:41You punished Zulfiqar Ali Bhutto.
05:45And later admitted that the decision was wrong.
05:50Can Zulfiqar Ali Bhutto come back?
05:53Can that loss be rectified?
05:55Now the loss that will be after this decision.
05:58After this decision, whatever Pakistan has to face.
06:01The loss, the pain.
06:03I am not saying that you will have to face the pain.
06:05If you have to.
06:06So can it be rectified?
06:08The Supreme Court will answer this.
06:10Do you call this balance?
06:12Yes.
06:14Mr. Chaudhary, I come to you.
06:16But Mr. Naqeeb.
06:17What you said was a criminal case.
06:19This was a constitutional case.
06:21Mary and your opinion can differ on that.
06:23The job of the Supreme Court is not this.
06:25This is a criminal case.
06:26Civilian case.
06:27Constitutional case.
06:28What kind of case is this?
06:29The job of the Supreme Court is to give the right decision.
06:31Mr. Naqeeb, I am coming to you.
06:33The right decision, your opinion has come to the case.
06:35By the way, I am giving a little clarification.
06:37I am telling you that this was a matter of legal explanation.
06:40Sir, the case of Zafri Shah is not a matter of legal explanation.
06:42When you went to the court in the case of Zafri Shah.
06:45I am talking about this.
06:47I am talking about this.
06:49I am talking about this.
06:51I am talking about this.
06:53I am talking about this.
06:55I am talking about this.