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Reserved Seats Case | Govt Tottaly Refused to comply with SC's Decision | Justice r Shahid Jamil's Analysis
#electioncommission
Reserved Seats Case | Govt Tottaly Refused to comply with SC's Decision | Justice r Shahid Jamil's Analysis
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00:00Okay, so the government is not implementing it, so what will happen next?
00:04What are the options? Will the Election Commission of Pakistan again turn to the Supreme Court?
00:09Will this case again go under review in the Supreme Court?
00:12And is there a possibility of a different decision coming under review?
00:15Will the government have any leeway to move forward legally?
00:22In my opinion, look, the option is of contempt with the Supreme Court.
00:27It is the right of the government to review the case.
00:32My personal opinion is that in order to cool down this heated atmosphere,
00:39all the judges present in the available benches should sit down again
00:47and rectify the questions that have arisen from the short order to the detailed reason.
00:56And in the meantime, the things that have been tried to rectify through legislation,
01:03the Supreme Court should review them once again.
01:06And before that, the Parliament, i.e. the government should also stop
01:11taking any step that it wants to take by making a constitutional court
01:17and the Supreme Court should also not go into contempt.
01:19And I think by listening to it day to day, it should be resolved as soon as possible.
01:23So that would be the most, that would be the way forward, I think.
01:27Today, Mr. Bilawal was giving a speech. Obviously, he is talking about the government.
01:32He thinks that when the Constitutional Court will be formed,
01:35the cases in the Constitutional Court will be separated.
01:37The political cases or the interpretation cases will go to the Constitutional Court.
01:42If the government succeeds in establishing it, for example,
01:45the Parliament completes the numbers, they bring it,
01:49they also make appointments there of their own accord,
01:53then what will be the repercussions?
01:55I think the repercussions will be dangerous.
01:59Because there will be unrest.
02:01Bars have already said that they will go into agitation, they will come on the streets.
02:05I think there will be a very serious unrest in the judiciary as well.
02:10And there can be a reaction as well.
02:12And the third thing is that the country can tolerate it or not.
02:19These power centers should think about it.
02:22As far as the Constitutional Court is concerned, I do not understand its rationale at all.
02:29Yesterday, I was listening to the Minister of Justice.
02:31He was saying that we talked about increasing the age.
02:34Because we were told that we do not have money to pay pensions.
02:3975 years of age has been set in the UK.
02:42And from this, they suddenly take a twist.
02:45Now they shift their position and come to the Constitutional Court.
02:50In the Constitutional Court, the 5, 6, 7 or 9 judges that you will keep,
02:57apart from their salary and perks,
03:01you will have a staff of at least 10-15 people with one judge.
03:05You will have to make a secretariat of 100-200 people.
03:09They will give you a building.
03:11So, the economic exigency that you were telling,
03:15this is a totally different step from that.
03:18If you do this in the existing Supreme Court,
03:21then in the existing Supreme Court, you will only have to increase the number of judges.
03:25And you have to notify that from the bench of the first 7 judges,
03:30discretion will be removed.
03:32The real problem is that they have taken back the discretion from the Practice and Procedure Act.
03:39Now, through the ordinance, they have given it back to the Chief Justice.
03:43Now, they make the bench small or big.
03:46In that, which judge is made to sit?
03:48Mr. Shahid, the bench that was made just now,
03:50Mr. Mansoor Ali Shah took a leave from it.
03:53He did not come in that meeting, which was a committee meeting.
03:56Despite that, that bench has been made.
03:58Now, the interpretation of 63A is going to be reviewed on 30th September.
04:03Adilya, as we are seeing among ourselves that these differences have come out very clearly.
04:09Some people are saying that this is a scenario like Sajjad Ali Shah's 1997.
04:14Do you agree with this theory?
04:16I agree.
04:17See, such scenarios are formed in our country after a while.
04:21And unfortunately, we do not learn from the mistakes of the past.
04:26The same parties that take a stance first,
04:29whose recent example you have seen in Practice and Procedure,
04:33that first you are making an amendment,
04:35that is a wisdom that it is a consultative process,
04:38first 3 judges will sit, they will make a bench.
04:41Now, you have that wisdom,
04:43either your wisdom was bad before or today's wisdom is wrong,
04:47that now you have again finished that consultative process
04:51and given the authority to the Chief Justice
04:54that he can put any judge of his choice in it.
04:57Similarly, as you just told the whole example of Sajjad Ali Shah,
05:03so in that, from the first 4th number, Sajjad Ali Shah was picked up
05:07and made the Chief Justice,
05:09because he had dissented in the Noah Sharif case.
05:12Then, in the 18th amendment,
05:14you said that only the senior judge will be elected,
05:19this amendment came in the constitution.
05:22Today again, it is not suiting our political parties.
05:26So, by making that amendment,
05:28they want to do it again,
05:30that first anyone from the senior judges can be made.
05:33So, all these persons are specific.
05:35We are in circles.
05:37We are going in circles in our country.
05:39We are going in circles.
05:41We are repeating our mistakes again and again.
05:44And we only do fire fighting.
05:47Our focus is to achieve a specific objective.
05:51We don't think in a larger perspective.
05:54Thank you very much.
05:55As Mr. Jameel said,
05:56regarding the I.N.I.C.O.U.R.T.
05:58the discussion was very detailed.