Parliment Ka Mushtarqa Ijlaas Talab. Kya Hukoomat Cheif Justice Se Mutaliq Nai Aeni Tarmeem La Rahi?
Parliment Ka Mushtarqa Ijlaas Talab. Kya Hukoomat Cheif Justice Se Mutaliq Nai Aeni Tarmeem La Rahi?
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00:00In the beginning of the program, Senator Dr. Musadeq Malik is with us and the rest of the
00:05ministers are in the Petroleum Department.
00:07In a short while, Mr. Naeem Haider Panjota will join us.
00:10He should have joined us, but anyway, he is a little late in coming.
00:14So, Dr. sir, let's start with you.
00:16Whoever comes early, whoever comes on time, will be able to say more about themselves.
00:19Whoever does not come, it is obvious.
00:21It is their statement, it is their own will.
00:23Are you bringing anything like this?
00:25Do you have any desire, any intention, any paperwork, any homework?
00:29In my opinion, there is a need.
00:31That is, the two laws that are before you at the moment.
00:36The reason for that is that the kind of decisions that are coming before you,
00:40in them, two different contradicting decisions are coming before you, one after the other.
00:47Half of the people say that this meant this.
00:50Half say no, this meant this.
00:52In the middle, it says that both can happen, but let's take this one.
00:55Okay.
00:56So, in this order, it has become very clear that whatever language has been written,
01:01which is written in good faith, its good faith interpretation is perhaps not manifesting in the decisions.
01:10Because those decisions, then the target of criticism is that the judges of the Supreme Court are criticizing them.
01:15What do they look like wearing a jubba, they are not politicians.
01:18After 40 years, they had to correct their judgments.
01:21Yes, some had to be corrected.
01:23And the arguments that are happening with each other are also in front of you.
01:27I mean, it's not ordinary in the court that there are arguments on the decisions,
01:31or criticism, or whatever is being written.
01:34What do you call them?
01:35Contradictory notes.
01:37So, the language used in it, someone is saying that this is unconstitutional, someone is saying something.
01:41So, I think that this big thing has become clear now.
01:45That in both the law and the constitution, the place where clarification is required,
01:50that clarification should come.
01:52Because our political future,
01:55in the doldrums,
01:57because someone is interpreting it in one way,
02:01and the other is interpreting it in another way.
02:03It cannot work like this.
02:04There was a paper written in good faith, which kept running.
02:07But a gentleman told me in America,
02:09that do you know what is the genius of the law?
02:13I said, no sir, what is it?
02:15So, he said, provision for change.
02:17That as time goes by,
02:19as you are not able to interpret,
02:22you have a tool to bring a strong change in it.
02:30And this is also happening in the law.
02:32Now, from our side, in our group as well as in other groups,
02:36we have talked about judicial overreach many times.
02:39The decision of Punjab, the floor crossing one,
02:42we also took a big hit on it.
02:44And many legal experts have also done it.
02:47So, what is proven from all these things?
02:50That we will have to change some things and clarify them.
02:54Okay, as you want to change.
02:56There are two or three points in it.
02:58One is that,
02:59by terminating the seniority principle in relation to the appointment of the Chief Justice,
03:03one of the four or five senior judges should be picked.
03:06This is also there, isn't it?
03:07This thing has not come to me yet.
03:10By the way, there are many countries where this seniority principle is not there.
03:14The principle is the best judge.
03:16Whoever is there.
03:17Because, in a way, like in our army,
03:20all the top people are the best.
03:23But, in a way, because there is a lot of political tension in Pakistan all the time,
03:28there is always a delay.
03:30So, a method has been decided that the one who is the oldest should be appointed.
03:37I don't know.
03:38There is no such suggestion in front of me.
03:40But it should be.
03:41Look, I don't know.
03:42Honestly.
03:43But I know this.
03:44There must have been a discussion.
03:45A school of thought must have said that this should happen.
03:47A school of thought must have said that this should not happen.
03:49Look, both.
03:50One says that, like we say in civil service,
03:53that everyone reaches to a certain level of incompetence.
04:03So, this should not happen.
04:05And if you do this, then this problem will be solved.
04:08No, it will not be solved.
04:09This is why I am hesitating a little.
04:12I want to introduce the complexity in it.
04:15Look, in the world, it happens that you have never said that
04:19the oldest person should be appointed as the CEO.
04:22It doesn't even happen that the oldest person should be appointed as the Prime Minister.
04:26It doesn't even happen that the oldest journalist should be appointed as the anchor.
04:31So, when this is not the case anywhere in the world,
04:34and people do application of mind with seriousness,
04:37and the best person is given a chance.
04:41And you have seen that the average age of CEOs,
04:43I am not saying literal average,
04:46but if you look at their picture,
04:48they look like 40-45 years old.
04:50And now after the new generation,
04:52you see small CEOs,
04:55and you say that these are the ages of our children.
04:57How did they become so successful?
04:59Now, the age should be put on success.
05:02Until you become an old man,
05:04we will not let you succeed.
05:06This is an interesting point.
05:07You have made a complexity in your words,
05:09for the lack of a better word.
05:10Because on one hand, your suggestion is that
05:12the term of employment should be increased,
05:14and it should be increased for everyone.
05:15This is the suggestion.
05:16This means that the already existing people,
05:18because they are indispensable,
05:20so to make them available,
05:22we give them 3 years.
05:25But on the other hand, you are saying that young people should also be there.
05:27I have told you again that
05:28these two things that you have said,
05:30I did not understand.
05:31You did not understand, but let's go.
05:32I have heard it on your TV programs.
05:34I watch it every evening.
05:35What do I see and hear?
05:36I go there and talk about it.
05:38But I think that
05:40all day long,
05:41sometimes I am in the Prime Minister's office,
05:43sometimes I am in my ministry,
05:45so there is no discussion.
05:48Mr. Tariq is not telling you,
05:49he does not tell you in the cabinet,
05:51because Mr. Tariq does not talk about it,
05:53he does not talk about it in the cabinet.
05:54No, I have told you countless times.
05:55It is going up and down.
05:57No, it is not like that.
05:58One thing is that it is irresponsible.
06:01That I am standing with you and giving an opinion,
06:04your opinion,
06:05it should be considered as an opinion of the PMLN.
06:08Oh, the headline is going on now.
06:10The doctor has said that
06:11the judge of the youngest age should be appointed.
06:13I want to know what are the conversations
06:15in the PMLN, doctor.
06:16That is what it is.
06:17That is what it is.
06:18I have told you its gist.
06:20The gist is that
06:21the way the laws are written,
06:25and the way the constitution was written,
06:28both are in good faith.
06:30Their interpretation of good faith
06:32is not happening in the courts,
06:33it is not happening inside the courts.
06:34It is very difficult to say
06:36that they are cooperating with each other.
06:38But look at the kind of criticism they are doing.
06:41Sometimes it is verbal,
06:42and sometimes it is written.
06:44So, it seems that
06:45some things are not working,
06:48in which in the form of these decisions,
06:50there is a clear difference.
06:53The public opinion,
06:55which is in the parliament,
06:57keeping that in mind,
06:58a new order should be created in it.
07:01What is the problem in that?
07:03On the one hand,
07:04I have told you that
07:05there is so much polarization in our country
07:07that the good faith appointment
07:09becomes controversial.
07:11On the other hand,
07:12I have told you that
07:13the best person,
07:14not man,
07:15the best person
07:16should get the opportunity.
07:19Thirdly,
07:20I am telling you that
07:21in the constitution,
07:22an order,
07:23an interpretation
07:24needs to be created.
07:25As soon as you touch a piece of paper,
07:27at the same time,
07:29there is a solution to it.
07:31There should be a little moderation,
07:33a little depolarization,
07:34the political tension should be reduced.
07:36How will it happen, sir?
07:37This is the responsibility of the government.
07:38If you stop pushing them,
07:40stop their gatherings,
07:41then…