• 2 months ago
Transcript
00:00At this time, we have been joined by Mr. Jahangir Jadun and he will talk more about this amendment.
00:09Sir, please tell us, what is your opinion on the amendment that is being presented in the National Assembly?
00:17First of all, the amendment is not in front of anyone that this constitutional amendment bill will be presented in the Assembly.
00:29Neither the people of Trivandrum, nor the opposition, nor the people of Pakistan, who are the stakeholders in this amendment,
00:36the social contract between the state and the people of Pakistan, they do not yet know which amendment is being presented.
00:42So, whatever amendment will be presented in the darkness of the night, at any time, there are doubts and doubts on it, there are questions marked on it.
00:49If you want to make an amendment in this bill, then the stakeholders of the people of the country should know.
00:57The government that is going to make an amendment, the people of the government do not know, the ministers do not know.
01:04So, where is this amendment coming from, who is making it, there are doubts and doubts on it.
01:09So, when the amendment or whatever amendment will be presented, there will be big question marks on it,
01:14and it will definitely be challenged in the Supreme Court, and I do not think its fate will be able to sustain it.
01:21Okay, Mr. Jahangir, in this amendment, will the Supreme Court be separate from the Supreme Court?
01:28Which judges will be included in this amendment?
01:31See, whichever amendment is there, the Parliament has the right to make a constitutional amendment and to make a law.
01:38But there is a way of doing it. It is the Supreme Court's judgement as to what is the stake of the people in it.
01:45The amendment is a social contract between the people of Pakistan.
01:51It is being changed in it, it is being changed in it.
01:54So, the stakeholders of the people, let's say it is about a judicial matter,
01:58neither the Bar Council knows about it, nor the Bar Association knows about it,
02:01nor the Chief of Police knows about it, nor the common people of the media are talking about it in their presumptions, nor do they know about it.
02:07So, what kind of secret amendment is being made, you are changing the amendment.
02:10You are changing the Supreme Document, the Supreme Law of this country.
02:16And we don't even know an hour ago.
02:18And we don't even know about the assembly's permission.
02:20Sometimes they say it will be at 4 o'clock, sometimes it will be at 5 o'clock, sometimes it will be at 7 o'clock.
02:23So, this is the biggest joke with this country and this amendment.
02:28And I don't think the people of Pakistan should be given permission for this joke.
02:32And the courts of Pakistan should also not be given permission for this joke.
02:36Sir, this Practice and Procedure Act, it is being said that it is also being reversed.
02:42See, whatever work the government is doing, it is looking like a mess.
02:46Whatever work it is, to stop the coming Chief Justice, whatever amendments are coming in this,
02:53if they are coming in such a way that no one knows,
02:56whoever will come behind all these amendments, no one knows,
03:00the amendment that is going to be brought by the government, their malafide.
03:04Now it is said that you cannot attribute the parliament with malafide,
03:08but whatever circumstances are being created,
03:10in that, my personal opinion, whether someone agrees or disagrees,
03:13behind all this story, the malafide is that the path of the coming Chief Justice of the Supreme Court should be blocked.
03:20And they don't like it.
03:21Someone else should be made the Chief Justice in their place.
03:24And when these amendments are coming, then this question is being asked from the opposition,
03:29that what will be their benefit and why are they being brought at this time?
03:31Questions are also being asked about timing.
03:33So what do you think, who will benefit?
03:36And why are the amendments being brought in such a hurry?
03:38Where is this going from the opposition, that there are issues of the economy,
03:41there are other issues, issues of electricity, why is the government not focusing on them?
03:45See, this is a very genuine thing.
03:47There is no doubt about it.
03:49One is a big issue of timing.
03:51The next Chief Justice is going to retire on 22nd October.
03:54And till now, instead of notifying him three months in advance,
03:58they have not notified him.
04:00And they have taken this thing, that the next Chief Justice may decide on merit,
04:05to stop him or to finish him,
04:09all these amendments, whatever they are, the Jafza amendments, we don't even know.
04:12See, his timing, bringing him into the House is very important.
04:17The 18th Amendment has been passed, and there has been a debate on it for a month and a half.
04:20All the stakeholders.
04:22The opposition is also ready for the amendments.
04:24It's not that the opposition is resisting.
04:26But first tell us, what amendments are coming,
04:28why are they coming, what is the reasoning behind it?
04:30You want to bring reforms in the judiciary.
04:33So, the biggest stakeholders of the judiciary reform,
04:36the lawyers, or their representative bodies,
04:39or the MNAs, or the centres,
04:41they don't even know which amendments you are bringing.
04:44So, this shows that the intention, the timing,
04:49this is not right at all.
04:51And in these two points,
04:53if they bring any amendments,
04:55they will not be able to sustain.
04:57Okay, the government is going to make amendments,
05:00but do you think that the government was prepared?
05:03Because now we are seeing that the time was given for the National Assembly meeting,
05:06but that too is late.
05:08Then the government ministers claim that the numbers game is complete,
05:11but after that they go to meet the Mullahs.
05:13They are trying to convince them.
05:15They are trying to remove the reservations.
05:17Do you think that the government has done a proper homework on the amendments,
05:20and is bringing the amendments?
05:22Look, the government doesn't even know which amendments to bring.
05:25What homework has the government done?
05:27Those who are making the amendments,
05:29those who must have made the amendments,
05:31they are doing the homework from behind.
05:33So, when their homework is complete,
05:35they will give them the amendments to present.
05:37Look, if the government is trying,
05:39people don't even know which amendments are there.
05:41And where the amendments are made,
05:45neither does the printing company know,
05:47nor does the typewriter know,
05:49nor does the person who made the amendments know.
05:51So, all these things are in doubt and suspicion.
05:55So, I don't think that the amendments that you are going to make in the constitution,
06:00is a proper way in the parliament.
06:02Okay, we would like to know from you,
06:04we have also obtained the details of the constitutional amendments.
06:07So, the amendments to the constitution will be made in 63, 51, 175, 187 and others.
06:12Please tell us about this.
06:14What will this do?
06:16Look, whatever amendments you want to make,
06:18I have already said that the parliament has the authority.
06:20The parliament has the sovereignty.
06:22If it is an independently elected parliament,
06:24people can give the right to vote in the parliament at their own will.
06:28Parliamentarians can have a debate.
06:30They can be sent to the committee.
06:32Whatever amendments you want to make,
06:34if the people of Pakistan want it,
06:36if the political parties of Pakistan want it,
06:38if there is representation in the parliament,
06:40then no one can stop them.
06:42But, if you make the amendments in any article,
06:44at this time,
06:46if you hide it and make it an hour before,
06:48then those amendments,
06:50in the eyes of the law,
06:52in the eyes of the people,
06:54will not be right.
06:56Okay, one suggestion is that the judges of Islamabad High Court
06:58can be sent to the high courts of other provinces.
07:00So, what impact will this have?
07:02Look, they were already asleep.
07:04When they made the appointment 2-3 years ago,
07:06people said,
07:08you are doing a rotation inside.
07:10So, all the judges of the Islamabad High Court
07:12have come from all the provinces.
07:14So, can a person from Islamabad
07:16be appointed as a judge in Sindh High Court?
07:18This is the big question mark.
07:20Then you give the representation of Islamabad to all the high courts.
07:22So that a person from Islamabad can be appointed in Sindh,
07:24a person from Islamabad can be appointed in Punjab,
07:26in Lahore High Court,
07:28a person from Islamabad can be appointed in Bajoristan High Court,
07:30a person from Islamabad can be appointed in KPK,
07:32in Peshawar High Court.
07:34How will you make such a reciprocal arrangement?
07:36This is only for the 6 judges who have written the letter.
07:38Because of this, the government
07:40or the establishment is upset with them.
07:42So, to remove them,
07:44they are bringing a proposal.
07:46The proposal that they are bringing now,
07:48the timing of which is very important,
07:50to remove these 6 or 7 judges,
07:52to replace them from here,
07:54they are making an amendment
07:56for this thing.
07:58Okay, Chief Justice,
08:00there is also an amendment regarding the appointment
08:02of 5 senior judges of the Supreme Court.
08:04This will be done through the panel of 5 senior judges.
08:06And the government will appoint a Chief Justice
08:08from the 5 senior judges of the Supreme Court.
08:10What will you say on this?
08:12So, if this government appoints a Chief Justice
08:14of its own accord, will anyone believe this?
08:16Will anyone believe this?
08:18The government will come,
08:20and the Chief Justice will say,
08:22this is not good,
08:24we will make an amendment
08:26and make a panel of 3 judges.
08:28This is not possible.
08:30If you want to bring any amendment,
08:32if you don't like 1 or 2 senior judges,
08:34if you want to remove them,
08:36then you can make a panel like this,
08:38but you have to do this beforehand.
08:40I have just said this,
08:42we should have a discussion on this.
08:44If the stakeholders, the opposition,
08:46all the leaders of Pakistan,
08:48are in agreement on this,
08:50then you can make an amendment after 10 days,
08:52or after a month.
08:54An amendment can be made at any time.
08:56But for that, a discussion is necessary.
08:58The input of the stakeholders is very important.
09:00The media, the experts,
09:02the anchors,
09:04the analysts,
09:06it is very important to get their opinion
09:08about the impact of the amendment.
09:10It is very important to get an opinion
09:12from the civil society.
09:14Regarding the Constitutional Court,
09:16the government will appoint
09:18the remaining 4 judges,
09:20but who will appoint the Supreme Court?
09:22We will see when the Constitution
09:24is approved.
09:26If you want to make a Constitution,
09:28if you want to make it yourself,
09:30then the most difficult issues
09:32are in the Constitutional Court.
09:34Because the Constitutional Court
09:36is where the government is made.
09:38You have to make an amendment
09:40in the Constitutional Court.
09:42What will be the mechanism,
09:44how will it be made,
09:46what will be the appointment of the judges,
09:48through the Judicial Commission,
09:50how will the Parliamentary Committee
09:52do it?
09:54If the Parliament is not free,
09:56if the Parliament is not free,
09:58if the Parliament is not sovereign,
10:00then the members of the Parliament
10:02are brought in by the Nikah Post.
10:04No one knows who brought them in,
10:06whether they were members of the FIA,
10:08the police, the IB,
10:10or some other agency.
10:12No one knows.
10:14So what will be the amendment
10:16of such a Parliament?
10:18In addition to this,
10:20the amendment will be made
10:22in Article 63 of the Constitution.
10:24If you look at it now,
10:26the amendment that the government is bringing in,
10:28the intention behind it is not right.
10:30If you want to amend Article 63,
10:32you could have done it four months ago.
10:34It could be two months later.
10:36But the Mujawidah package that you are bringing in,
10:38the biggest target of it
10:40is the appointment of the Chief Justice of the Supreme Court.
10:42This is the bottom line.
10:44The biggest obstacle
10:46of the entire
10:48Constitutional package
10:50is the appointment
10:52of the Chief Justice of the Supreme Court.

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