'If we make a mistake, the judiciary corrects it, but...', says Irfan Siddiqui

ARY NEWS

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Transcript

00:00The question is that every day we come to know that such and such a law of the parliament

00:07has been terminated on the grounds that it is contrary to some form of the constitution.

00:15It has been declared non-landwide.

00:17And something has been taken out of it that it is contrary to some form of the constitution

00:24and is not in accordance with it.

00:26It has been happening and we have been tolerating it.

00:30It is the right of the court to interpret it and to look at the laws.

00:34Now when a law is made, there is a long process.

00:39Those of you who often do reporting know how a law is made,

00:44how it is vetted, how the law ministry looks at it,

00:48how it goes to the standing committee,

00:51how it goes to two committees,

00:53how it is passed.

00:54It is a long process.

00:56If there are 342 or 338 members of the National Assembly,

01:00if there are 100 members of the National Assembly,

01:02then these 450 people look at it and pass it or reject it.

01:11So I want to put my question to you again.

01:16I want to stress on this.

01:18And the central point of this press conference is also that

01:22does our law, which is passed by the parliament after such a long process,

01:301, 2, 3, 4 or 8 judges say that it is contrary to the constitution

01:37and we accept it.

01:38We either repeal that law or we amend it.

01:43Today the question has arisen that is it possible in this court

01:49that a small or large bench of the 13, 14, 15 or 17 judges

01:58can make a mistake or not?

02:01Can the judges of the court, like us, like parliamentarians,

02:06make mistakes like humans

02:10or is it a tribe of prophets that cannot make a mistake?

02:15If it is possible,

02:16and we believe that this decision has been made more than once.

02:20The constitution has been repealed again and again

02:22and the law of 2017 has been repealed again and again.

02:25The election act has been repealed.

02:27So if we make a mistake, then the court amends it.

02:32In the name of God.

02:33When the court commits a very big mistake

02:37and a wrong decision that is directly contrary to the constitution comes forward,

02:43what were the reasons for it?

02:46Was it a view of complete justice?

02:48Was it a view of need?

02:49Was it a view of convenience?

02:50There is no debate on this.

02:52A decision that seems to be a collective decision.

02:55Now those who say that it is right or wrong,

02:58but it is a decision of the court, we have to accept it.

03:00We accept this principle.

03:01But today it should be decided that when such a decision

03:06which is contrary to the constitution.

03:08If we do something contrary to the constitution,

03:11then there is a forum, the court corrects it.

03:14If the court does the same thing as we do,

03:16then who will correct it?

03:18This is the question I wanted to ask.

03:21I can give a lot of detail in this.

03:23Look, in this decision,

03:25such things have happened that are inevitable.

03:28The constitution says that in three days,

03:30those people who come after being elected,

03:32and this is what the article explains,

03:35which is our election act 17,

03:37they have to join a party within three days.

03:40This is the logic.

03:41So that before going to the assembly,

03:43they can correct their Qibla,

03:46and start horse-trading.

03:48Sometimes they vote, sometimes they don't.

03:51The constitution gives three days,

03:53the law gives three days,

03:54and says that either you join a party,

03:57or you remain independent.

03:59Now, despite the fact that the people who came around 80,

04:01were independent,

04:02they were conscious people,

04:04they voluntarily joined a party,

04:08which was called the Sunni Ittihad Council.

04:13Now they went into it.

04:15Now, according to the constitution,

04:17they went into a cage that was closed.

04:20The constitution keeps that cage closed for five years.

04:23It doesn't open it.

04:24It says that you have decided to remain independent,

04:27you will remain independent for the next five years.

04:29If you have joined a party,

04:31you will remain in the party for the next five years.

04:33Now, this constitutional condition,

04:37this constitutional system,

04:40you break it.

04:44You open that cage,

04:47which the constitution does not allow,

04:49and tell the prisoners to come out.

04:51They cannot come out.

04:53Legally and constitutionally, they cannot come out.

04:55And you not only take those birds out,

04:58you also tell them to fly,

05:00and not to go here,

05:01and not to go there,

05:02and not to go there either.

05:03You only have to go to a special detention centre.

05:05Go and sit in a PTI detention centre.

05:08What is this?

05:10What kind of a constitution is this?

05:12What kind of a law is this?

05:13What kind of a constitution is this?

05:14And when the constitution says three days,

05:16when the law says three days,

05:18where did you get 15 days from?

05:20And the constitution says three days.

05:22It says 15 working days,

05:24which spread and become 20-25 days.

05:27Where did this power come from?

05:29If you have taken this power,

05:31then you have taken it wrong.

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