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SC issues detailed judgement in reserved seats case - Justice(r) Shahid Jamil's Legal Analysis
SC issues detailed judgement in reserved seats case - Justice(r) Shahid Jamil's Legal Analysis
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00:00Let me ask you two basic questions.
00:02One is, can there be any retrospective legislation that states that it should have been passed
00:073 months ago, 10 months ago, 2 years ago, 4 years ago, 8 years ago?
00:12Are you asking about the Supreme Court or about the legislature?
00:17Yes, sir.
00:18The legislation that the parliament has passed that states that you cannot change parties
00:24but it will be passed in the last election, in the February election.
00:28This has a retrospective effect.
00:30Can such legislation be passed?
00:32Legislation is passed by the legislature.
00:36A decision has been made by the Supreme Court.
00:39And the Supreme Court has declared such an act as illegal.
00:44And they have said that they will not be considered free.
00:49And the PTI, which was a political party,
00:54and just because it did not get a symbol, it cannot be deprived of its candidate.
01:02So this has been declared illegal by the Supreme Court in retrospect.
01:09And here they have said that some of them were in the 80s,
01:15some of them are 39, they have declared that they were of the PTI.
01:20And the rest have been told to declare which political party they were from.
01:27Sir, the PTI was formed on the 49th.
01:30On the 41st, they had to ask which party they wanted to go to and they had to do it.
01:34But at that time, the government made this legislation.
01:37They said that if you have joined the party, now you cannot change it.
01:41The Election Commission also agreed to the fact that the legislation has been passed.
01:45And they passed it in February.
01:48Is there room for this legislation when people make legislation?
01:52Yes, we call this legislation through fiction of law in our legal parlance.
01:58The legislature can create fiction and can change it in retrospect.
02:05But there are some conditions for it.
02:08The first principle in this is that the legislature cannot sit as an appellate court on the decision of a court.
02:19So it cannot simply say that this law will not be passed.
02:24The Supreme Court interprets a law or a constitution.
02:31There is a famous case of malicious trading here.
02:34And we have the same basic legislation in the Pakistani jurisdiction.
02:38In which they laid down a law in the case of Al-Samraiz.
02:44Against that, they changed the basic pavilion in such a way that they said that from the very inception of this law,
02:52it will be read as if this law was like this.
02:56So the court held that the law has been changed from the very beginning.
03:02That is why the judgment of Al-Samraiz will be there.
03:05But it will not be implemented.
03:07In this case, the decision came to a short order.
03:12To end the effect of that short order, legislation was made.
03:17Has the Supreme Court now given a detailed decision?
03:20Will it hold in contempt?
03:22Will it implement it?
03:24Or will it say that because you have legislated, you have applied for it from behind.
03:29That is why your law is the most important now.
03:32Our decision has become irrelevant.
03:34Yes, in your opinion, will the Supreme Court's decision be irrelevant?
03:36No, I think that the Supreme Court's decision has not become irrelevant at all.
03:42There are reasons for that.
03:44This is a difficult period for the ECP.
03:49Will the ECP accept the legislation or the decision?
03:53And if it does its in-writing, then again this court...
03:59But for me, as a law, the legislation that has been done with retrospect is defective.
04:07Because the explanation that has been done...
04:10And just note that the Supreme Court...
04:16His voice has been cut off.
04:17He is saying that the legislation that has been done is defective.
04:20Anyway, I'll come back to that defect.
04:21I'll ask him to clarify this.