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"Main Nahi Samajta Constitutional Court Kay khilaf Hongay..." Farooq H. Naik's Statement
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"Main Nahi Samajta Constitutional Court Kay khilaf Hongay..." Farooq H. Naik's Statement
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00:00It has become an explosive environment.
00:02If we look at our political environment,
00:05the way our country used to run its politics was like this before as well.
00:09There were interests, political interests, power politics,
00:14alliances, troikas.
00:15Someone was doing something with someone, someone was doing something against someone.
00:19Now, it seems to be completely over.
00:22In this country, if there was a little bit of law, law, morality,
00:28and some people used to stand with it,
00:30it seems that these things are slowly coming out of our politics.
00:34Look at the Parliament, the Election Commission of Pakistan,
00:38your Supreme Court, and the other bodies.
00:42Now, there used to be a fiasco before,
00:46of democracy, of good decisions.
00:50It is now coming to an end to some extent.
00:53The fight between the Supreme Court and Pakistan,
00:55the letters they are writing, and the way the law is being made and used,
01:00those gloves are off now.
01:01The Election Commission of Pakistan has never acted on the Supreme Court's decision,
01:05because of politics.
01:06And the Parliament still says not to do it because of politics.
01:09But there is going to be a constitutional amendment,
01:11in which it seems that the government will be ready to collect two-thirds majority.
01:17I don't know how this will happen.
01:18Will Maulana Sahib go with him or not?
01:20We have Rauf Qalasar Sahib with us.
01:22All of them are sitting with Maulana Sahib for two hours.
01:25So, he will tell you what we heard there and what the JUIF will do there.
01:29But I will start.
01:31Farooq Naik Sahib is with us.
01:34Obviously, his introduction is from People's Party.
01:38He is obviously one of the senior leaders.
01:42He has also been the former chairman of the Senate in Pakistan.
01:48I am sorry.
01:49Is he with us?
01:51Farooq Naik Sahib is with us.
01:53Farooq Sahib.
01:54Naik Sahib, Assalam-o-Alaikum.
01:55Assalam-o-Alaikum.
01:57Alhamdulillah, sir.
01:58He is the vice chairman of the Pakistan Bar Council.
02:00Someone said something in my ear.
02:01I forgot to complete it.
02:03Sir, tell us.
02:03First of all,
02:05we will go into what Maulana Sahib is thinking.
02:07Obviously, the JUIF is the reason why the constitutional amendment has not happened yet.
02:15But the biggest problem was that it was based on two or three things.
02:18Sir, first of all,
02:20you are going to make a constitutional amendment.
02:21Bilawal Sahib has taken on the responsibility of marketing it.
02:24And it seems that he is marketing the People's Party.
02:26But there are two or three questions.
02:28Who will be its chief justice, sir?
02:30Have you made this decision?
02:33Look,
02:34Bismillah-ir-Rahman-ir-Rahim.
02:36Neither I nor the Pakistan People's Party have to make this decision.
02:40This decision has to be made by the parliament.
02:43Look, there are three pillars in this country.
02:45There is the parliament, the judiciary, and the executive.
02:49The parliament's job is to make laws.
02:51To make laws.
02:53And if those laws are against the constitution,
02:57their basic structure is against the constitution,
03:00against fundamental rights,
03:02then the judiciary has the power,
03:03the Supreme Court has the power to declare it null and void.
03:08This is the theory of separation of power.
03:10And we can also call it checks and balances.
03:13The government's job is to interpret the laws.
03:16The law will be interpreted by the Supreme Court.
03:20And the Supreme Court is the guardian of the constitution.
03:27The government's job is to implement and make policies.
03:31The current situation is a hostile situation
03:37both in the Supreme Court and in the parliament.
03:41I think that for the defense of the country,
03:43for the democracy, for the rule of law...
03:47Sir, but you have already made it hostile.
03:50Hostility comes from outside.
03:54Listen, sir, all these institutions should use a restrained policy.
04:00Until this is not done, I think,
04:02we are going against our country's survival.
04:06As far as the constitutional package is concerned,
04:08which you just mentioned in your words,
04:12it has not yet been passed.
04:14There are countless doubts in it.
04:17But there is also a doubt that
04:19a constitutional court should be made in this country.
04:22The constitutional court is being made because,
04:25number one, the COD that was signed in 2006,
04:30between Nawaz Sharif and Respected Martyr Benazir Bhutto,
04:34there is a constitutional court...
04:35Sir, but wait a minute.
04:36Sir, if I may,
04:38today we were sitting with Maulana Sahib.
04:40Maulana Sahib agreed to one thing.
04:42Look, what you are calling a constitutional court,
04:45in principle, we agree with you that
04:47this is a part of the Charter of Democracy,
04:48of your manifesto.
04:49But I asked Maulana Sahib this question.
04:52I said, sir, the way we heard things in the last two months,
04:56first it was said that the Chief Justice should be tenured for three years.
04:58Then it was said that he should be made 68 years old.
05:00Then it was said that a judge should be selected from the top five,
05:03who can be made the Chief Justice.
05:05After that, the constitutional court.
05:06It seems that to keep someone as the Chief Justice,
05:10and to stop someone, all this is happening.
05:12This is not a part of any manifesto,
05:14or any larger...
05:16that we want to follow the principles.
05:18And Maulana Sahib agreed to this.
05:21Look, brother, the thing is that
05:23when a document comes into existence,
05:27when there are amendments,
05:28then there are discussions.
05:30But in the discussions,
05:32many good things also come,
05:33many bad things also come.
05:35This does not mean that a final decision is made.
05:38A final decision is made
05:40when all the people agree on it,
05:43that this thing should be done under the constitution,
05:45or under the law.
05:47And I think that a final decision has not been made yet.
05:51Because I am telling you this
05:53when the Pakistan Bar Council
05:55and all the bar councils
05:56had a convention a few days ago,
05:58in which I also participated,
06:00the Vice Chairman of the Pakistan Bar Council.
06:02I gave this suggestion,
06:04that this constitutional package should be opened.
06:07Absolutely.
06:08It should not be kept secret.
06:09Sir, but today it was opened in front of us, Farooq Naik sahib.
06:13No, listen to me.
06:14The issue is with the People's Party.
06:15How did you give the amendment in Article 8?
06:19Sir, listen to me.
06:20Basic fundamental rights.
06:21You can pick anyone from anywhere,
06:22it won't make any difference to anyone.
06:23Who has done it?
06:24Look, that day the law minister
06:28officially gave us the draft of the constitutional amendments.
06:33Even today, the executive committee of the Pakistan Bar Council
06:37has been debating on this for 3-4 hours.
06:41And we have proposed unexpected amendments
06:44in this constitutional package,
06:47which, God willing,
06:49on 2nd, we will finalize it
06:51and send our amendments to the law minister.
06:54Now, as long as it is our duty,
06:57we are also a stakeholder as Vukla.
07:00Vukla's association in Pakistan.
07:01Sir, but your stake is something else,
07:02and Muneer-e-Malik-type Vukla's stake is something else.
07:04You are with him.
07:05He says, we will run the movement.
07:07Look, running the movement is something else,
07:10but I don't think,
07:11I don't think Muneer-e-Malik sahib
07:13will be against the constitutional court.
07:16Look, why is the constitutional court being made?
07:18Think with a cool heart.
07:20It is the Supreme Court.
07:21Absolutely, the Supreme Court is the appellate court.
07:23At the moment, the Supreme Court
07:25is also an appellate court
07:27for criminal and civil cases
07:29as well as constitutional cases.
07:31Most of the time,
07:33the cases that are less,
07:34the political, less constitutional matters
07:36are taken care of.
07:38Sir, that is not 90%.
07:39Sir, let me ask the question directly.
07:41Sir, listen to me.