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Constitutional Court Zaroori Hai, Majboori Hai, Haider Naqvi Analysis on Bilawal Bhutto's Statement
Constitutional Court Zaroori Hai, Majboori Hai, Haider Naqvi Analysis on Bilawal Bhutto's Statement
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00:00Ladies and gentlemen, the legal crisis in the country is intensifying with each passing day.
00:06We just heard a press conference of a respected senator, Mr. Siddiqui,
00:13and he said in very eloquent words that we can't take any action against the Supreme Court's decision on specific seats,
00:25because it is against the law and against the law.
00:28The matter has come to the point that on one hand, the Supreme Court's judgment is present,
00:33and you have seen that clarification has also been made on it,
00:36and on the other hand, our respected Chief Election Commissioner, Mr. Iskandar Sultan Raja, held a 7th session today,
00:44and it proved to be ineffective.
00:46It is said that further legal and legal experts will be asked for their opinion on it,
00:52and then it will be decided whether to act on the Supreme Court's 8-point majority judgment or not.
01:01There are reports that within the Election Commission of Pakistan,
01:05there is also a division among the members.
01:08At least two members of the committee claim that whatever the Supreme Court is saying, we should act on it.
01:17After that, there are review petitions, and after that, we can also make a different request to the Supreme Court,
01:24which will be seen later.
01:26But the point is that the matter should be brought forward.
01:29This is what is going on in Pakistan.
01:33Now, in that context, the debate that is going on now is whether a constitutional court is needed or not in the country.
01:44We are seeing that the Supreme Court is always trapped in these legal matters.
01:49Therefore, the cases that are directly related to people are not given much attention there.
01:56So, we are also seeing that a big division is being found between our legal and legal experts.
02:02But in the past day, when Mr. Zardari held a press conference, he made it very clear
02:10that it is very necessary for a constitutional court to be made.
02:40A constitutional court is necessary and compulsory.
03:07In addition to this, Mr. Zardari also said during this speech that how many percent of the cases in the Supreme Court are related to the constitution.
03:27Do you believe that the cases that are pending in the Supreme Court,
03:3515% of the cases will be of a constitutional nature or of a political nature.
03:40The rest of the cases are the cases of the people.
03:43It is the case of a common man.
03:44It has been a murder, it has been a robbery, it has been a crime, it has been a fraud.
03:49It is a case of inheritance.
03:5015% of the political cases will be of a constitutional nature or of a political nature.
03:56He also said that the case of the constitution will be seen by the court and the rest of the cases will be seen by the courts.
04:15As we decided in the past, God willing, we will make a constitutional court.
04:22And that constitutional court will see what the issues of the constitution are,
04:26that the political cases that are the work of your clients,
04:30our judiciary and judicial system will continue to do that work.
04:40Basically, Bilawul Bhutto Zardari pointed towards the Charter of Democracy.
04:44In 2006, there were signatures on it between Respected Nawaz Sharif and Martyr Benazir Bhutto.
04:52You know that Riyasat Ali Azad is the leader of the lawyers community here.
04:57On his part, the opinion given by Bilawul Bhutto Zardari was opposed to him.
05:04If you talk about judicial reform in Pakistan, there are 7 to 8 lakh cases pending.
05:11There are 16,500 cases pending in the Islamabad High Court.
05:15You are not bringing reform there, you are making a new court.
05:19How many cases are there in total? 187.
05:21You are making a new court for constitutional matters.
05:25The total number of cases is 187.
05:28So you have not brought judicial reform for the 7 to 8 lakh cases pending.
05:33On the other hand, Faisal Siddiqui, you are a lawyer of the Supreme Court.
05:38There are very few cases related to the constitution.
05:42It is not as many as Bilawul Bhutto Zardari is telling.
05:46I don't know from which universe Bilawul sir has taken these statistics.
05:52Because such highly political constitutional cases are not more than even 1% of the workload of the Supreme Court.
06:03I mean there have been studies done.
06:05So I think he needs to check his statistics.
06:10Mr. Naqvi, it is obvious whether or not the Aini Court will be formed.
06:15There is disagreement on this.
06:18The leadership of the Pakistan People's Party, especially Bilawul sir, has repeatedly given references
06:23that the Aini Court of 1973 was formed by his late grandfather.
06:29He created a consensus.
06:31Mr. Bilawul Bhutto Zardari forgets this.
06:34At that time, all the political forces were across the board.
06:39Those who were sitting on the right wing, those who were sitting on the left wing,
06:43those who followed the ideology of the central party,
06:46he gathered them and created a consensus on it.
06:53Now the question is that you want to bring a change in a constitution.
06:59That change comes in the darkness of the night.
07:01You saw what happened on it.
07:02This is now a part of the record.
07:04So when Bilawul Bhutto Zardari speaks,
07:09why doesn't he say that as long as all the political parties in the parliament are sitting,
07:15they will not agree on this.
07:18We will not move forward.
07:19He is saying that okay, we will talk.
07:22If they agree, then okay.
07:23Otherwise, we have a majority.
07:25It will be managed and we will do this amendment as we wish.
07:29Now it seems that this legacy of the Pakistan People's Party,
07:33this will be consistent with it.
07:36Because the amendment in the constitution, whether it is the 1973 constitution or the 18th amendment passed in 2010,
07:43all the political parties have been sitting for 29 days.
07:4829th member, sorry, it was a committee.
07:50And for many days, they sat for many weeks.
07:52They held meetings for many thousands of hours and then an agreement was amended.
07:57Now, in the presence of this political division,
08:02do you think that such a constitutional amendment will be a good decision by the People's Party?
08:06Look, your question suggests that perhaps Bilawul has said that the constitutional amendment has been done.
08:12Bilawul has not said anything like that.
08:14Bilawul has given a suggestion.
08:16And whether Bilawul has one session in the National Assembly or a thousand sessions,
08:20as the head of the political party,
08:23he has the full right to give such a suggestion.
08:27His mother had signed the Charter of Democracy signed in 2006.
08:31And the People's Party has always been trying.
08:34When the People's Party came into power in 2008,
08:36what was the 18th amendment?
08:38It was all this.
08:39Bilawul has said in very clear words yesterday,
08:42that after the 18th amendment, when the 19th amendment was brought,
08:44we were put on our necks.
08:46Will we end the 18th amendment if the 19th amendment does not come?
08:49So the point is that Bilawul is not saying anything
08:52that he has put forward on the basis of the current political situation.
08:57Pakistan's People's Party has been saying the same thing for the past 18-20 years.
09:00Whether it was Benazir Shaheed who said it,
09:02or whether it was Asif Ali Zardari who said it when he was the President of Pakistan,
09:05or Bilawul Bhutto when he is now running the party completely.
09:09He also did not say that all political parties should not have a consensus.
09:12He did not say that a few of my friends should come and amend it.
09:16He is making a request and he is not doing anything wrong.
09:19You see that he is not doing anything wrong.
09:21You just said that there will be only 1% cases,
09:25which are 187 cases.
09:27It is not about the number of cases.
09:29The point is that how much time are those cases taking you?
09:32The whole of Pakistan has seen that the hearing is going on from morning to night,
09:36and there are more such things coming out all over the world,
09:40because of which that hearing is increasing and increasing.
09:43So, the most important thing to see is what is the quantity of the case.
09:48More than that, it is important to see how that case engages the whole of Pakistan with you,
09:54and how much time that case is taking.
09:56So, after that, do the courts have so much time,
09:58do the judges have so much time,
10:00that they can focus on other cases?
10:02This is one thing.
10:03The second thing, if you understand,
10:04no, you cannot make any court.
10:06You will run everything the same way.
10:08I want to say this.
10:10If you want to run everything the same way,
10:12then you should bring a second amendment.
10:14You should declare the High Court as the highest court,
10:16that the decision of the High Court has been made,
10:18it cannot come to the Supreme Court.
10:19At least the decisions that are pending in the Supreme Court from below,
10:22those decisions should be made below and end there.
10:25You do whatever you are doing,
10:27if you do not want to bring a second amendment.