Law Expert Munir A. Malik gives inside news regarding next Chief Justice of Pakistan

3 months ago

#NationalAssembly #ConstitutionalAmendment #Senate #QaziFaezIsa #JusticeMansoorAliShah #SupremeCourt

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Transcript

00:00On the 26th, Syed Mansoor Ali Shah will be Pakistan's new Chief Justice.

00:06You are saying that Vukla will not accept any such amendment and on the 26th,

00:12the new Chief Justice, who is Mansoor Ali Shah, will be appointed by Vukla.

00:20So, he will not be accepted as Chief Justice. Is this a correct statement, sir?

00:23I was listening to your programme and your intro.

00:26It was very good.

00:29I think that the constitution is not a treaty between parliamentary parties.

00:38It is a treaty between the people of Pakistan

00:43on how to live our common life.

00:48Now, if the people of Pakistan do not know what they are being bound by,

00:57then this is not right.

01:03The second thing to keep in mind is that the constitution made by the people of Pakistan

01:13had a concept of separation of powers.

01:19Executive, Judiciary and Legislature.

01:26Parliament does not have the right to punish me or you or to run our case.

01:35Judiciary does not have the right to make a law.

01:39The right of the Executive is to look at the law and make a decision based on what the Judiciary has decided.

01:50Now, there is a limitation on the powers of the Parliament.

01:59The Parliament cannot say that we have abolished the Judiciary,

02:04we have abolished the Executive and we are Supreme. No.

02:10This is not the concept of the rule of law.

02:14So, there is an implied limitation on the powers of the Judiciary.

02:22It cannot make the constitution zero.

02:26The way it cannot make it zero, it cannot change its basic structure.

02:36So, I think I have not read the package,

02:40but what I have heard in the newspapers…

02:44Mr. Malik, let me ask you some of his doubts.

02:49For example, five judges will be elected by the Chief Justice from among the senior panel.

02:54I was listening to Mansoor Ali Shah's statement that you will consider Mansoor Ali Shah to be the Chief Justice.

02:59Is this a correct statement and how do you suggest this?

03:02Look, this principle was decided in 1996 in the case of Al-Jihad for the expectation of seniority.

03:14After that, in the case of Malik Asad Ali, when Ajmal Mian Sahib became the Chief Justice,

03:22it was given in the spirit of the constitution in the 18th Amendment under the principle of seniority.

03:30It was not because seniority by itself is a criterion.

03:39It was so that there is no nepotism, so that the court is free.

03:46Everyone should know who the senior most is.

03:48I think that the person who can become the second senior judge in the Supreme Court,

04:02is he not capable of becoming the Chief?

04:05Will you remember after 10 years, 5 years, 6 years that he cannot become the Chief of the Supreme Court?

04:12In my opinion, on the 26th, Syed Mansoor Ali Shah will be the permanent Chief Justice of Pakistan.

04:23Although I have been a lawyer for Qazi Faiz Ishaq, he is my Chief Justice till the 25th.

04:29After the 26th, Mansoor Ali Shah will be my Chief.

04:31Sir, but after the government passes this amendment,

04:34will it be possible for any of its nominees to be included in that panel?

04:39And it is possible that they will pick someone else from it.

04:42Then what will happen in the case of Surat-e-Hal?

04:43The amendment has been passed, now it will become a law.

04:46Look, every amendment has been decided in the case of Rawalpindi Bar Association,

04:52which was made by the military courts.

04:54Every amendment is not legal, right?

05:02So, in my own mind, it is possible that I am mistaken.

05:08I think that this will be an attack on the freedom of the court.

05:14How many years has it been since 1996?

05:1914 years, 48 years.

05:22After 48 years, if the government does not suit the time,

05:26a Chief Justice or a future Chief Justice,

05:29then they keep making committees.

05:31Sir, after making a committee, a Chief Justice selects a person

05:35through the committee after this law,

05:37and he is not the same Chief Justice that you are talking about.

05:40The five people who will be selected,

05:43whether they are useless or not,

05:45they should have been removed from the Supreme Court five years ago.

05:51Sir, but if…

05:53I don't understand the logic of this.

05:55The logic of this is that the five people who are capable,

05:58instead of the seniority principle,

06:00they will get competence, merit.

06:02We can select any of the five competent people.

06:05We don't want to bound it on the basis of seniority.

06:07No, who will select this competence?

06:10Tell me.

06:12Sir, that committee will be made,

06:14in which all those people will be selected.

06:16Are these men learned in the law?

06:20If they were not competent five years ago,

06:25then they should have been removed five years ago.

06:31I don't buy that logic of that argument.

06:34That you keep a man for five years and then say

06:37that now we will select which of these five is good.

06:41And then, see, this closes the door of nepotism.

06:46Sometimes, for the larger interest,

06:49the larger interest is transparency.

06:52For transparency, you could have had Einstein,

06:57the senior puny judge.

06:59But you will not make him, right?

07:02Okay.

07:03So, as a result, if the government appoints,

07:06do you think there will be any resistance?

07:08Because we are seeing that the Supreme Court Bar Association

07:10and the Pakistan Bar Council, more or less,

07:12whatever their stance is,

07:14they are close to the government's stance.

07:16They have not yet taken any such stance.

07:18See, I will tell you.

07:21In 2007, Allah gave me this honor

07:25that I was the president of the Supreme Court Bar.

07:28The movement does not run from the Supreme Court Bar

07:31or the Pakistan Bar Council.

07:34The movement runs from the bars of the districts.

07:37The movement runs from those small bar associations.

07:41The movement runs from the high court bar associations.

07:44You go today and I say with conviction,

07:47every time you have a referendum in the association,

07:51every time you have a referendum in the association,

07:54on the 26th, who do you want as the Chief Justice?

07:58If you do not take Mansoor Ali Shah's name in 90%,

08:02then I will leave the lawyer.

08:05Right.

08:06Apart from this, Mr. Malik,

08:07another suggestion is being brought by the government,

08:09the establishment of a legal court,

08:11in which an ex-retired judge is appointed as the Chief Justice.

08:14He should look at all the legal matters.

08:16And the other cases that are lying with you in the backlog,

08:21he should look at the Supreme Court.

08:23So, a new legal court should be created.

08:25I thought that in the practice and procedure act,

08:29it has been decided that if there is a constitutional question,

08:34its five members will form a larger bench.

08:37This is the strength of the Supreme Court.

08:40This can be increased by ordinary legislation.

08:44He should take his Chief Justice in confidence.

08:47And increase it.

08:49Do you know what the situation is in Korea?

08:53There are two such courts in Korea.

08:55One is the Constitutional Court.

08:57The other is the Supreme Court.

08:59One court gives a decision against the other.

09:02The other gives a decision against the other.

09:04What happens is paralysis.

09:06Do you want this?

09:08Or do we not want judicial stability?

09:11Right.

Law Expert Munir A. Malik gives inside news regarding next Chief Justice of Pakistan

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