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00:00Pakistan Bar Council member Hassan Raza Pasha Sahib and President Islamabad High Court Bar Association member Riazat Ali Azad Sahib.
00:10We will try to understand the matter quickly. Thank you very much for your time.
00:14Thank you both.
00:15Mr. Pasha Sahib, you tell us first. Let's go one by one.
00:17According to the news in Sindh High Court, the ordinance that came from the President of the Practice and Procedure Committee,
00:24after which it was changed, has been appointed for hearing.
00:28So, does this type of hearing come under the jurisdiction of any high court?
00:32Because the ordinance is applied all over the country. Is that the reason?
00:35Yes, Mr. Badami, it is like this.
00:39The Federation of Pakistan is represented by the Prime Minister.
00:47And the President of Pakistan takes the advice of the Prime Minister.
00:51So, wherever the Federation is represented, the jurisdiction of any high court can be assumed.
00:59There is nothing new in this.
01:01Be it Sindh High Court or Lahore High Court.
01:05And Mr. Pasha Sahib, there is a possibility of this.
01:07There are such examples in the past that a court dismissed the ordinance of the parliament by declaring it contrary to the law.
01:15And there is a special question.
01:16In your opinion, in this particular ordinance, where it was said that the third person in the committee could be of Mr. Tejashi's will,
01:22is there such a potential that it can be purchased by declaring it contrary to the law?
01:27Or can only moral questions arise on this?
01:30Look, Mr. Badami, the thing is that the Supreme Court and the High Courts have this right.
01:38And the ordinance has been striked down.
01:44Provided that it is contrary to the basic principle of the law.
01:50So, there is no other opinion in this.
01:52Now, if you look at this, when the Practice and Procedure Act 2023 was being proposed,
02:00the Pakistan Bar Council was taken on board at that time.
02:05And we held meetings in the Law Ministry and in the Parliament House with the Law Minister.
02:11And our proposal was followed.
02:13And you will also remember that we defended this act very consistently.
02:21And we praised it and kept saying that it is absolutely right.
02:25But today's amendment, in which the concept of Master of Roster has again gone to the extent of Mr. Chief Justice,
02:34we are not only worried about it, but we have also protested against it.
02:40The Supreme Court and the Pakistan Bar Council have also released a press release.
02:44So, I think this is against the basic spirit of the Practice and Procedure Act.
02:51Mr. Azad, please explain to us that is this against the spirit or can it be against the law?
02:56That is, there is no secret, there is no speculation.
02:59Mr. Mansoor Tasha will not sit in this now.
03:01He says I will not sit.
03:02Two out of three people will sit.
03:03And two people will make benches.
03:05So, is it possible that some honorable member of the bench says that this was not the formation of the committee.
03:12That is why the bench that the committee has made is also not right.
03:16That is, it is only a matter of spirit.
03:18Look, as this practice and procedure has come in it, I completely agree with Mr. Tasha.
03:24You, Chief Justice, said that I am distributing my rights ahead, not keeping them with me.
03:31Now what is the need, all of a sudden, you have come to opt all those rights.
03:35And then the practice and procedure of that law has not dried up yet, you have come with an ordinance.
03:44Because the matter of Article 63A, which has been fixed for 30th, only to manage it.
03:52This is malice.
03:53This is malice on the part of the government that they have issued this ordinance under Article 89.
03:59Brother, this is for the emergency.
04:02When you are not in session in Parliament and you have to do some legislation in an emergency.
04:08And this is for 120 days.
04:10This is not a permanent law.
04:12This means that malice is there on the ground of malice.
04:16This ordinance has been brought.
04:17Today this is the situation.
04:19I think that Article 191 has been written for the Supreme Court.
04:24That the Supreme Court, subject to Constitution and law, shall make a rule.
04:29You give them the power to make rules.
04:32It would have been better if you had given an ordinance.
04:35Bringing an ordinance at this time.
04:37Brother, now there is no question on the legal status of this committee.
04:40That is, until there is no decision.
04:42I am completing the malice right now.
04:45You have just brought it.
04:46First it was that three would be seniors.
04:49Now the malice is that you have given the power to the Chief Justice again.
04:53That he can judge as he pleases.
04:56Now when Mansoor will not sit in this.
04:59You have removed Muneeb.
05:01For this situation, your law is silent.
05:03Then what will you do?
05:05So now the situation is that the committee cannot work further.
05:11So this is the question in it.
05:13And this ordinance can be challenged in the High Court.
05:18As you are saying, it has happened.
05:20And it can be challenged in the Supreme Court.
05:23And it can also be striked down.
05:26There is a lot of chance.