Parliament Ke Qanoon Saazi Ke Ikhtiyar Se Mutaliq Supreme Court Ka Ahem Faisla
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00:00The latest development is that the SIC, the Sunni Itahad Council, went to the Supreme Court for a special session.
00:13After going to the Supreme Court, on July 12, a decision was made.
00:17On the decision of July 12, the government went for a review and the ECP asked for clarification.
00:21After the clarification, the Supreme Court said that you should implement our decision and give the special session to the SIC, i.e. PTI.
00:29Because before this, on July 12, the Supreme Court had already said that Pakistan Tehreek-e-Insaf exists as a party.
00:35Now, after that, the letter of the Speaker of the National Assembly went to the ECP, that in any case, Pakistan Tehreek-e-Insaf does not exist as a party.
00:44You should respect our law, which is applied in retrospect.
00:50And the situation is the same now. I will tell you that.
00:52This is a two-and-fro situation.
00:54A proper pull-and-push situation.
00:56What did Justice Mansoor Ali Shah say about the right to legislate in the Parliament?
01:01It was a case of tax.
01:03In which he gave a judgment.
01:06It is available on page 41.
01:09In it, it is said that the right to legislate in the Parliament is subject to the limits given in the constitution.
01:15You cannot go here and there by the limits of the constitution.
01:17The Parliament and the Provincial Assemblies have the right to legislate under Article 142.
01:26Article 142.
01:27Now, in this, the Parliament can also legislate in a way that is applied in the past.
01:32That is, retrospective legislation.
01:34But, the law is subject to the law.
01:39That is, not every legislation can be retrospective.
01:43This is a direct hit to the legislation that the Speaker of the National Assembly has written at this time.
01:48He says that the meaning of the word subject to the constitution is clear.
01:51Legislation is possible only according to the constitutional limits.
01:55The constitution restricts the Parliament that the rights given in Article 9 and 28 cannot be terminated.
02:02According to Article 12, the laws of the military cannot be applied in the past.
02:08The law can be legislated in the past.
02:13That is, it can be done retrospectively.
02:15The Parliament and the Provincial Assemblies do not have the right to apply civil rights in the past.
02:20Now, on the other hand, we were talking about the Practice and Procedure Act.
02:24At this time, there is a meeting of the Practice and Procedure Committee headed by Chief Justice Qazi Faiz Isa.
02:30And in the meeting, Justice Ameen-ud-Din's Practice and Procedure Committee was nominated and then called.
02:37But the interesting thing is that Justice Mansoor Ali Shah is not present.
02:43He said that he is busy, so he cannot participate in the meeting.
02:48So now we are seeing two institutions face to face.
02:52Mr. Abid Zubair is present with us.
02:54Mr. Raja Khalid Mehmood is present with us.
02:56Both are senior lawyers.
02:57Thank you very much, gentlemen, for joining.
02:59Mr. Abid Zubair, let's start with you.
03:01If there is a war on one side, there is a return on the other side.
03:05There is a long story of complaint after complaint.
03:09Where is it going to end?
03:11This looks like a legal battle.
03:15In the name of Allah, the most Merciful, the most Compassionate.
03:17See, institutions are being destroyed in this.
03:19You see, it is possible that the Supreme Court decides something
03:23and the law gives it the power to decide whether you like it or not.
03:27Article 190 binds everyone, including the Parliament and the Executive.
03:32Then a speaker writes a letter saying that what I am saying is right,
03:35the law has been created.
03:36Now, through the creation of the law, you cannot end the judgment of the Supreme Court
03:40even though it has been applied from behind.
03:43And the case you just referred to, the tax case,
03:46there are many other examples that you can definitely do a validation,
03:50but while remaining within the jurisdiction of the law.
03:5311 judges, including the Chief Justice, said that these seats were of the PTI.
03:58In the majority decision, you said that the 41 people should give their statements
04:03if they are included.
04:05Then the Election Commission itself asked for clarification.
04:08They said that all these seats are of the PTI, you issue a notification for it.
04:12Today, the Parliament or the Speaker or the Election Commission,
04:17is it possible that they do not accept the decision of the Supreme Court?
04:20You cannot reverse the judgment by applying that act.
04:24The Parliament is not an appellate body.
04:26That you appeal to the Supreme Court, the appeal will go there.
04:29You are all bound by it.
04:30Look at the game that is being played with the law.
04:32The court is also divided on this.
04:34You see the practice and procedure.
04:36As a President, I was on notice at that time.
04:39I opposed it that the power of the Chief Justice
04:42and the Parliament should not be allowed to make their rules in this way.
04:45Subject to Constitution and law means
04:47that the Supreme Court cannot make its rules against the law or the constitution
04:52which were made in 1980.
04:55Today, they have given an ordinance for the practice and procedure.
04:58It is possible that the two other judges in that committee,
05:03may not have been able to control Mr. Faiz Izzat
05:07or were not in agreement with what he said.
05:09You yourself said it many times.
05:11In that case, you see my conversation with him at that time.
05:14You said that you want to end the power of the Chief Justice.
05:18At that time, I said that you are a Chief Justice.
05:21The next Chief Justice will also be there.
05:23But you cannot give power to the Parliament in this way.
05:25So, don't do it.
05:26Today, an ordinance has been removed just for this reason.
05:29So that the case of Article 63 can also be filed.
05:31It is possible that it will be filed next week.
05:33So that they reverse it.
05:36And by reversing it, the effect will be that
05:38a member of the Supreme Court will vote.
05:41His vote will also be counted.
05:44It is a very complex situation.
05:46I agree.
05:47Then you will get the majority.
05:50And then you will pass your legal reform.
05:53So, this is the case that the law should be used in such a way
05:56that somehow the other can benefit.
05:58This was also an impression.
06:00You are not listening to the Supreme Court.
06:02Mr. Raja Khal, reforming the Supreme Court by making it a law
06:06and changing it into a retrospective.
06:08No, you...
06:10Mr. Zubair, I will come back to you.
06:12Mr. Raja, there was another case in the Supreme Court.
06:15It was a tax case.
06:16But they indirectly said that
06:19there was a situation of one arrow hitting two targets.
06:22They also said that in retrospect,
06:24you cannot make this law.
06:26We saw three letters going on it.
06:29Speaker of the National Assembly.
06:30Speaker of the Punjab Assembly.
06:32Speaker of the Sindh Assembly.
06:33So, is it clarified now?
06:35Or does the government have any other agenda?
06:40Look, Anika, the first thing is that
06:44the question is in front of the whole nation,
06:46in front of the lawmakers,
06:48in front of the legislators of this country,
06:51that the right of the parliament,
06:55the right of the parliament,
06:57can it be revoked?
07:00Can the Constitution be amended by the court?
07:02You see how 63A was amended
07:05and the article of no confidence
07:08was made redundant.
07:10This decision of the Supreme Court.
07:12Then in the decision of July 12,
07:14you see that
07:16in the proviso of article 51 of the Constitution,
07:20it is clearly written that
07:22people will be elected independently.
07:25Members will be elected.
07:27They may join any political party within three days.
07:30So they have to join a political party within three days.
07:34Where did you give 15 days?
07:36This judgment of July 12,
07:39it was passed in derogation of the Constitution of our country.
07:42Mr. Rai, don't 11 judges know
07:44what will happen according to the law?
07:46No, no, this is what I am saying.
07:48Including the Chief Justice?
07:50If these judges knew,
07:52they would have decided the case of
07:54Maulvi Tamizuddin in this country.
07:56It was against the Constitution of that time.
07:59It was against the law of that time.
08:02It was against the fundamental principles of justice at that time.
08:07The decision of 200 cases was made by the same judiciary.
08:11In that too, they changed the jurisprudence completely.
08:15And the theory of Henry Celson was introduced.
08:18Which was buried a long time ago,
08:20even in Britain.
08:22Then you see that in this country,
08:24Nusrat Bhutto case came.
08:26In this country, Zafar Ali Shah case came.
08:28We have a long history.
08:30Mr. Rai, I understand.
08:32But just tell me one thing.
08:34Tell me one thing.
08:36Now this decision is saying that
08:38even in military cases,
08:40where there is no right of Parliament and
08:42Subai Assembly to apply civil rights in the past,
08:44according to Article 12,
08:46the laws of military cases cannot be applied in the past.
08:49Only when the law is not in violation of the military case,
08:53then it can be applied in the past.
08:55Is this correct?
08:57You are justifying the previous decision.
09:01Sometimes in some cases,
09:03the question arises,
09:05why don't you give a detailed judgment?
09:07It's been so long.
09:09The decision was made on July 12.
09:11It is to come on October 12.
09:13Why didn't you give a detailed judgment?
09:15So that you can clear all this matter,
09:17this confusion, this confusion.
09:19Unfortunately, you see the election commission as malafide.
09:23On the same day, on July 25,
09:25the election commission of Pakistan
09:27asks for clarification from you.
09:29It wants clarification from you.
09:31You don't decide it.
09:33The day the government was bringing the package,
09:35you gave clarification.
09:37You didn't issue a cause list.
09:39You didn't notice anyone.
09:41You didn't listen to anyone.
09:43You didn't listen to anyone.
09:45You didn't listen to anyone.
09:47You didn't listen to anyone.
09:49You didn't listen to anyone.
09:51You didn't listen to anyone.
09:53You didn't listen to anyone.
09:55You didn't listen to anyone.
09:57You didn't listen to anyone.
09:59You didn't listen to anyone.
10:01You didn't listen to anyone.
10:03You didn't listen to anyone.
10:05You didn't listen to anyone.
10:07You didn't listen to anyone.
10:09You didn't listen to anyone.
10:11You didn't listen to anyone.
10:13You didn't listen to anyone.
10:15You didn't listen to anyone.
10:17You didn't listen to anyone.