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Why Justice Munib's walks out of Meeting of Judicial Commission?| Raja Mohsin & Hassan Ayub's Analysis
Why Justice Munib's walks out of Meeting of Judicial Commission?| Raja Mohsin & Hassan Ayub's Analysis
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00:00Today there was an extraordinary hearing of the Judicial Commission and before that when the hearing was called, it was dismissed, it could not be done and this matter related to the amendment of the constitution came under discussion.
00:12Justice Muneeb Akhtar asked the Attorney General that what kind of reforms are coming, it is being heard that a package is coming.
00:18So it seems that the Attorney General did not have an answer to it, in fact, Hassan Ayub had more answers to what was done in this package, but the Attorney General did not have an answer to it.
00:28But anyway, let's talk about what happened, our reporter Raja Mohsin Ijaz is with him.
00:34Mohsin, please tell us what was the matter, Justice Muneeb Akhtar also got up later, so what was the discussion between the two?
00:41Look, it is to be said that today's session of the Judicial Commission was basically divided into two parts.
00:47One part was before lunch and before the break of the Friday prayer.
00:51So Justice Muneeb Akhtar got up before the break and in this first session, it is to be said that he had an important conversation with the Attorney General of Pakistan.
01:00In which, at the beginning of the session, Justice Muneeb Akhtar was asked that in the previous session, the reforms were told, so you tell us about the revised reforms.
01:12On this, it is to be said that the Attorney General said that the minister of law can answer this question.
01:17And it was also said by him that the Judicial Commission has no right to ask this question and the Judicial Commission cannot ask this from the government.
01:27And it is to be said that after this answer, Justice Muneeb Akhtar got up from this session and left.
01:34And after that, the session continued.
01:37There was also a proposal to postpone the session, but it could not be agreed upon by the members of the Judicial Commission.
01:46After that, Justice Mansoor Ali Shah read the revised recommendations of this draft in the session.
01:52And then the session continued.
01:54And it is to be said that on the part of the minister of law, the committee for the presentation of the judges of the High Court expressed its commitment to include the minister of law.
02:05And the ministers of KP, Punjab and Sindh agreed with the authoritative proposal of the committee.
02:14It is to be said that the draft rules in the session of the Judicial Commission have been terminated.
02:21And the next session will take place on September 28 at 10 am and the draft rules will be approved.
02:27It is also to be said that under the new draft, there will be a focus on three names for the appointment of the judge of the Supreme Court.
02:35While in the High Court, the Chief Justice of the High Court and the senior judge and the members of the Judicial Council will do the appointment of the judge.
02:44It is also to be said that under the new draft, there will be a focus on three names for the appointment of the Chief Justice of the High Court.
02:52Another important point of today's session was that the deputy minister of law, Azam Nazeer Tariq, did not participate in this session.
02:58And Attorney General also told about this meeting at 2.15 pm and it is to be said that he left.
03:07And during the meeting, he also refused to answer on the matter of constitutional amendment and said that I cannot give any answer from the side of the minister of law.
03:17Now the next session will take place on September 28 and it is to be said that the draft rules will be approved in that session.
03:22Hassan is present with us. Thank you so much, Raja Mohsin is with us.
03:30Hassan is telling that why did the law minister not participate in the session today?
03:35This is very interesting.
03:37Secondly, before this, Haider was saying that there should be cases in the knowledge of the judges.
03:42However, the answer of the Attorney General is that the government cannot be asked about the constitutional amendment.
03:48So, is this a clash of interest or a case that we are seeing from the beginning,
03:54like the first decision came from the courts, election was decided in 90 days,
03:58then the decision was made on specific issues,
04:00and then the government and the parliament gave their statements in front of everyone.
04:04So, will this case not become like this in the future?
04:08Sadaf, the thing is that the parliament is in power.
04:14The court cannot question the parliament.
04:17The parliament is not responsible for the court,
04:20nor is it bound to tell what it is going to do.
04:25If the court asks, if the government wants to tell, it is their choice.
04:30If they don't want to tell, then this is not an unlawful thing.
04:34And the main thing is that when the law minister was not there,
04:37the principal law officer of the state of Pakistan,
04:40who has to assist the court,
04:43he had no intention of asking this question.
04:45That is, the question asked by our respected Justice Muneeb Akhtar,
04:49because of this, no one else supported him.
04:52The judicial commission's hearings tell us that when he left,
04:56no Haseer service judge stopped him.
05:00In fact, a retired judge, who has been made a member of the judicial commission,
05:05Justice Manzoor Malik, stopped him, but he did not stop and left.
05:09So, fundamentally, this is a violation of the parliament.
05:14The parliament can increase the age of the judges,
05:19the parliament can also reduce their age.
05:22It is the power of the parliament to ask for a panel of 5 people for the appointment of the chief justice,
05:29or 15 people.
05:31This is the power of the parliament.
05:33It is the power of the parliament to set up a constitutional court in parallel with the Supreme Court.
05:41So, the parliament can remove the Supreme Court.
05:44This is the power of the parliament.
05:46And these are the powers of the parliament.
05:50And the courts that give decisions and do not act on them,
05:54then this is also not an insult to the court.
05:57In the matters of the court, it is obvious that this is not something that goes beyond the limits.
06:00The decision of the court is not beyond the amendment of the constitution.
06:05If there is an amendment to the constitution,
06:09then it undoes the court decision.
06:12You should also understand this.
06:14This is the supremacy of the parliament in the world.
06:16It is the dichotomy of power.
06:18Our system says that the constitution is Pakistan.
06:24The Supreme Court takes its authority from the constitution of Pakistan.
06:28But the constitution of Pakistan does not give the power of amendment to the Supreme Court of Pakistan.
06:33Through a decision.
06:35So, if the court makes a decision and the government makes a law,
06:37it will not act on the decision.
06:39But this will continue.
06:41No, no. The Supreme Court has to make a decision by amending the constitution.
06:46In the case of the special sessions,
06:49when you gave a decision,
06:52in which you heard the decision about the special sessions,
06:55the Supreme Court dismissed the appeals.
06:58And the Supreme Court satisfied the impure order of the Peshawar High Court.
07:02There is no court system like this in Pakistan or anywhere else in the world.
07:09But even if the case of the special sessions comes,
07:13the package that is coming,
07:15like you are claiming,
07:16then it will be for the coming time.
07:18There will be a situation in the coming elections.
07:20No, no, no.
07:21There will be no link from the past.
07:22Whatever the constitution says,
07:24the constitution is the backbone.
07:26There is no Supreme Court above the constitution.
07:28The Supreme Court is taking its power from the constitution.
07:30Try to understand.
07:31The power of the Supreme Court that it takes,
07:34it is taking from the constitution of Pakistan.
07:36The High Courts take their powers.
07:38The judges take their powers from the constitution of Pakistan.
07:40Who makes the constitution?
07:42Parliament.
07:43Mr. Chaudhary.
07:45Okay.
07:46Mr. Chaudhary, you are making a coincidence.
07:48You are explaining here that the parliament can do anything.
07:52And even if it wants to amend,
07:54and neither wants to tell the court,
07:55nor wants to inform the judges,
07:57then this was the answer of the Attorney General as well.
07:59So this is the situation, Mr. Chaudhary.
08:03I did not understand the law at all.
08:05Why should I interfere in it?
08:08But what he is saying,
08:09as far as he knows,
08:11and as far as a few other people in the world know,
08:13there is no one on this earth who knows anything.
08:16And whatever he has said so far,
08:18it has been proved 100%, in fact, 3000% correct.
08:21The rest are being shut down.
08:242-3 people are the ones who have every knowledge.
08:28And the world where even a needle is falling,
08:31even in the United States of America,
08:33they have the first information on that as well.
08:36So the thing is,
08:38whether the country is running according to the law,
08:41or running on the horse of desire.
08:43So whoever wants to run on the horse of desire,
08:45then write it down.
08:47These lame horses of theirs,
08:50they have to be thrown into the Ravel Dam.
08:53And they will not be able to get up from there.
08:55As if they have already had some doubt,
08:57the rest will also be fulfilled.
08:59People cannot be defeated.
09:01People cannot be defeated.
09:03And you are going to face the music very soon.