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Why Supreme Court and Bar Councils silent on the judicial package | Mian Aqeel Afzal's Reveals
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Why Supreme Court and Bar Councils silent on the judicial package | Mian Aqeel Afzal's Reveals
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00:00Where are the bars, Supreme Court and other high court associations standing on this?
00:05Because there is always a politics of bars and other associations.
00:10We don't see that. They are silent.
00:12Are they wait and watch or we are with the government?
00:14Should we consider silence as consent?
00:16If we talk about bar associations, there are two big ones.
00:20Supreme Court and Pakistan Bar Councils.
00:23You can say fortunately or unfortunately.
00:26Azam Azeer Tarar is a loyal minister of law.
00:29He has a deep influence on it.
00:32So, bar associations are silent.
00:34They are not getting any kind of resistance.
00:37But what Saqib Rashid was talking about,
00:39the extension of Chief Justice of Pakistan.
00:41If we talk about the extension of one Chief Justice,
00:44if an amendment is brought for him,
00:47it is absolutely unacceptable.
00:50It will be a person-specific legislation.
00:53The Supreme Court or any court in which there will be a challenge,
00:56it will be released in a snap.
00:58If the entire judicial package is brought,
01:00in which the judges of the Supreme Court are increased,
01:03the Chief Justice of the High Court and the judges are increased,
01:07then we will have to see how the judges look at it.
01:10But I will say the same thing again,
01:12that the decision of the Supreme Court on 12th July,
01:15I join it less with the justice of Pakistan.
01:18I join it more with the extension.
01:20And the sources of Chief Justice Qazi Faiz Ishaq,
01:24who meet him in some way,
01:27the people of his office, whatever they say,
01:30we have heard that Chief Justice Qazi Faiz Ishaq
01:34and the judges of the Supreme Court have said very clearly
01:38that I am not interested in the extension.
01:40But it will not be easy if, for example,
01:42the door of these judges can be closed forever,
01:45if you give a formal opinion on this matter.
01:48Press release can be made,
01:50the judges can be terminated forever.
01:52See, it is possible, absolutely possible,
01:54but the thing is that these news have been circulated in our national media
01:57that the Chief Justice has refused.
01:59When the decision of the Supreme Court came on 12th July,
02:02after that he ran away from the press conference.
02:04But the question arises that why did you remain silent for so long?
02:08There is confusion in the silence.
02:10If that silence is broken
02:12and it is said as an argument that this is not a possibility,
02:15the debate will die down.
02:16No, no, that is absolutely right.
02:17The way I was talking to the Chief Justice,
02:20he also tried to convince his fellow judges
02:24that I am not interested in the extension at all.
02:29Okay.
02:30Yes, the second thing is that the overall package,
02:32sorry, I am saying package,
02:34in terms of judges,
02:36there should be a panel of five senior judges
02:38and one should be selected from them.
02:40So, I think after 2014,
02:43since the movement of Iftikhar Mohammad Chaudhry,
02:45after the retirement of Iftikhar Mohammad Chaudhry,
02:47the independence of the judiciary is seen first.
02:51Whatever legislation is being done,
02:54will it affect the freedom of the judiciary or not?
02:57If the judiciary is afraid that
03:00four out of five of us will be released
03:02and we will be left,
03:03we will be made the Chief Justice of someone else,
03:06then this thing will also come directly
03:08on the independence of the judiciary.
03:10You are saying an interesting thing.
03:11When the practice and procedure bill came,
03:13we heard all your explanations that
03:15the bill is right, but the method is wrong.
03:17The bill is right, but the intention is wrong.
03:19Even now, in the bill,
03:21there is a direction that there is no harm in it,
03:25but the timing is wrong, the intention is wrong.
03:27Now, we saw the practice and procedure bill,
03:29it was beneficial in the future.
03:31So, do you have a problem with its political nature
03:35or is it actually based on its intent
03:38or is it based on its intentions?
03:40No, no, absolutely,
03:41when it comes to politics,
03:43how is it possible that a political government
03:45wants a Chief Justice of their choice,
03:47a judge to give a decision of their choice,
03:49or if six judges write a letter,
03:51then in that letter, if there is an allegation
03:53against the government,
03:54then the government does not do anything against them.
03:56Now, this is the matter of the rotation of judges
03:58in the High Court,
03:59the judges of Islamabad High Court,
04:01the rest of the rotation is the same.
04:03But technically, there is no problem in this, right?
04:05No.
04:06If we remove the political angle from it,
04:08if we look at it technically,
04:09it is a matter of timing.
04:10The government has said that
04:11whatever the six judges said,
04:12nothing of that sort happened.
04:13It does not exist.
04:14And after that,
04:15such legislation has to come
04:16and it has to be targeted.
04:17It is a matter of timing.
04:18There are political objectives in it.
04:20You talked about Bar Associations,
04:22they are very unfortunate.
04:24The Supreme Court,
04:25Bar Association and Pakistan Bar Association,
04:27they have had a very good role in the past
04:29for the amendment of the law
04:30and for the amendment of the law.
04:31Now, I think,
04:32they have a very strong influence
04:34on the Bars of Azam Aziz Tahrir Sahib
04:36and the decisions are made
04:38by the same government officials.
04:40This is very strange.
04:42Now, if you look at the research,
04:44in the case of missing persons,
04:46the decisions of the whole of Pakistan,
04:49or Punjab,
04:50Islamabad High Court,
04:52they tried to make them ineffective.
04:54But we did not see the Bar.
04:56So, the role of the Bar is very important.
04:58Thank you very much.