SC issues detailed judgement in reserved seats case - Maria Memon's Important Report

2 months ago

#Khabar #ImranKhan #PTI #ReservedSeats #ElectionCommission #SupremeCourt #QaziFeazIsa #JusticeMansoorAliShah #JusticeAtharMinallah

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Transcript

00:00Today, the country is on the brink of a constitutional meltdown.

00:04Parliament is still incomplete.

00:06Controversy has not settled down after the decision of the special sessions.

00:12If we talk about the Election Commission,

00:14they are not ready to accept the Supreme Court's decision.

00:17If we look at the judiciary, we see clear gaps and divisions.

00:21After all this, it seems that the political crisis is going to deepen.

00:26Today, the decision of the special sessions has come to the forefront of the Supreme Court.

00:31On July 12, two months and 11 days after the brief decision of the Supreme Court on the special sessions,

00:37a detailed decision was issued on the special sessions on September 23.

00:41In the detailed decision on the special sessions,

00:43the Supreme Court raised questions about the character of the Election Commission,

00:47and decided that the Election Commission has failed to play its role in the February 2024 elections.

00:53In the decision, it was concluded that the Election Commission has been fighting the case as a fundamental team,

00:59while the basic task of the Election Commission is to carry out transparent elections.

01:03In the detailed decision, the Supreme Court denied the decision of the special sessions on March 1, 2024,

01:10and concluded that this decision has no legal status.

01:16The decision of the Election Commission does not affect the legal and constitutional rights of the political party.

01:24The Supreme Court made it clear to the Election Commission that the PTI is a political party

01:28and it is entitled to special sessions in the National Assembly.

01:31The Election Commission should notify the candidates of the PTI on these sessions.

01:35In the detailed decision, it was said that eight judges were in agreement with each other on the illegal actions of the Returning Officers and the Election Commission.

01:43The PTI and its candidates have incurred heavy losses because of them.

01:48Let's listen to the explanation of the charge sheet of the Election Commission.

01:55All our candidates who have filed everything in the Epidemic Election Commission,

02:00we demand from the Election Commission to announce the reserve seats as soon as possible.

02:06Because of this, the Senate elections have not been held today,

02:11and we demand from the Election Commission that the reserve seats are the right of the PTI.

02:16As the Supreme Court has clearly said,

02:19please do not delay this from tomorrow.

02:22Anyway, you have to issue this notification.

02:25And the current judgment, I think this is a charge sheet against the Election Commission.

02:32There was no surprise in the press conference held by the government today.

02:36Because when the short judgment came, the government was still talking about this.

02:39That the seats that have been given to Tariq Insaaf have been given in a case where they had not asked for those seats.

02:45And he was not a part of it.

02:47Today, Azam Nazeer Talar repeated this position by holding a press conference again.

02:53Insaaf as a Jamaat did not come to ask for these seats.

02:56Throughout, this was the case of the Sunni Unity Council.

02:59According to the current country, the free candidates who have been considered cannot leave the Sunni Unity Council.

03:08Because their action is irreversible.

03:13This objection of the government has been addressed in the Supreme Court's decision today.

03:17What does this decision say, which has come from the Supreme Court's detailed judgment today?

03:21It says, regarding the reserved seats, in the detailed decision, Para no. 117,

03:26the Supreme Court said while clarifying the issue of giving relief to the PTI,

03:29that the request to be a part of the PTI case was present in front of us.

03:34The Supreme Court said that according to the common practice,

03:37such a request is first made and a decision is made regarding its membership.

03:42Whether it is the PTI, the Sunni Unity Council or any other political party,

03:46the most important task for the Supreme Court is to safeguard the rights of the people under Article 17, Shik 2 and Article 19.

03:54Therefore, to say that the Supreme Court has given relief to the request to be a part of the PTI

03:59before the decision has been made, does not hold any significance.

04:04It is said again and again regarding the objections of the Election Commission,

04:08that since the matter has not been settled regarding the intraparty election of Tehreek-e-Insaf,

04:13that is why they cannot get these seats.

04:15Mr. Kabir Dalshad has reiterated this position again after the decision has been made today.

04:20The Election Commission of Pakistan has its own objections.

04:23The Election Commission of Pakistan has said that the case of the intraparty election of the Election Commission is still pending.

04:30And until the decision on the intraparty election is not made,

04:34we will follow the decision of the Supreme Court of Pakistan later.

04:38First, let us decide on the intraparty election.

04:42This objection has also been addressed in this detailed judgment today.

04:46Let us tell you how it has been addressed.

04:48Eight judges have expressed their doubts and doubts in paragraph number 38 of the detailed judgment

04:54that whether the Election Commission has the right to revoke the certificate of intraparty elections of any political party under section 209.

05:04Eight judges have also raised the question that whether the Election Commission has used the just and transparent

05:11right to vote under section 205, especially when the election campaigns had already started.

05:20Similarly, we also have some reservations about how the case of intraparty elections,

05:25which is purely an internal matter of the party,

05:28can violate the fundamental rights of the citizens to vote.

05:33In this decision, the dissenting note, which was a part of the minority judgment,

05:39which was written by two judges, has also been mentioned.

05:42It can be seen that the gap and division in the Supreme Court is becoming more evident.

05:48The Supreme Court has expressed its dissent on the dissenting note of two judges.

05:52In the detailed judgment of the Supreme Court, two judges, Justice Aminuddin Khan and Justice Naeem Akhtar Afghan,

05:58expressed their dissent on the dissenting note.

06:00In the decision, it was said that the way the two distinguished judges considered the majority decision of July 12,

06:05to be contradictory to the constitution, is not appropriate.

06:09In the decision, it was stated that the way the two distinguished judges gave the observations,

06:13was an attempt to put a barrier between justice and the judicial system.

06:18Today, the government has refused to accept this decision.

06:22When the short judgment came from the Election Commission of Pakistan,

06:25after a while, their position was revealed.

06:28But today, the meeting was held.

06:31After that, the Election Commission of Pakistan has not given this position yet.

06:35Do they have any legal options?

06:37Or will they have to implement this decision?

06:39Is the letter of the speaker more important or the judgment of the Supreme Court?

06:43We will talk about this.

06:44In the first part of the program, we have Hamid Khan with us.

06:46He is a senior member of the Justice Movement.

06:48He is a senator.

06:49He is also a legal expert.

06:50We will keep taking different opinions on this.

06:52But first, we will talk to Mr. Hamid.

06:54We will talk to him.

SC issues detailed judgement in reserved seats case - Maria Memon's Important Report

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