• 2 months ago
#TheReporter #SupremeCourt #QaziFaezIsa #JusticeMansoorAliShah #JusticeMunibAkhtar #ImranKhan #PMShehbazSharif

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Transcript
00:00I am disagreeing with all of his statements.
00:07When the law of practice and procedure came into being,
00:11there was a flaw in the law.
00:13When the law says that within 14 days,
00:16you have to fix the review or appeal,
00:20the judges said that their holidays are over.
00:22And those holidays are according to the law and rules.
00:25But when the law says,
00:27I think the law is superior,
00:30then Justice Muneeb Akhtar will be on leave for 1.5 months.
00:34So there was a deadlock in the functions of the Supreme Court.
00:42Keeping that in mind, the government amended it.
00:46That was the first thing I wanted to tell you.
00:48My second question to you is that
00:50you are saying that judicial reforms should be done.
00:52Many people say that judicial reforms should be done
00:54and a constitutional court should be made.
00:56But after the retirement of Chief Justice Qazi Faiza,
00:59instead of October, you would have done it in November.
01:02So are people allergic to Chief Justice Qazi Faiza?
01:05Can you tell me one decision of the state,
01:08in which they have rewritten the constitution,
01:11as we are discussing in 63A.
01:13Tell me one decision of Chief Justice Qazi Faiza.
01:16I will tell you the decision,
01:18but you yourself said that
01:21there is a flaw in the ordinances.
01:25The law.
01:26The law is flawed.
01:27Now when you are bringing the whole constitution
01:30by virtue of judicial reform,
01:34your ordinance, your act,
01:38could not run for a year.
01:40So where you are going to change the whole constitution,
01:43you will need a lot of work.
01:46Secondly, the ordinance that came,
01:50the current situation,
01:52that if two seniors,
01:54there were two seniors and the Chief Justice,
01:56and if one of them is not available,
01:58then the next one will be added.
01:59Now you will be given a discretion,
02:01that you do this.
02:03But after that, the law is silent again.
02:05You brought another ordinance on this.
02:07Now the next thing.
02:08You talked about rewriting.
02:10I think that there is no rewriting in the judgment of July 12.
02:13The reason for that is that
02:15the 1958 PLD Supreme Court Dosu case,
02:18and because it was deemed necessary,
02:21Justice Muneer's judgment,
02:23which the Supreme Court of Pakistan,
02:25PLD Supreme Court 1972,
02:28in the Asma Jilani case,
02:30they said that if the foundation is illegal,
02:32the superstructure is illegal.
02:34One decision was told to me by Qazi Faiza Khan,
02:37where he rewrote it.
02:39The decision of the election commission and the Peshawar High Court,
02:42both were terminated.
02:43Basically, he went to the pentestates.
02:45In that, what you call rewriting,
02:48they did.
02:49Qazi Faiza Khan's...
02:50One question.
02:51Yes.
02:52One judgment.
02:53Tell me about Qazi Faiza Khan,
02:55in which he,
02:56the constitutional articles,
02:58he disturbed them.
03:00In the name of explanation,
03:01tell me one decision.
03:02Right now, I will tell you.
03:04By the way, Mr. Azad will give it.
03:06Let's engage Mr. Faiza Khan.
03:07Recently, the decision of the Supreme Court,
03:10in which, you know, the mark was taken back.
03:12After that, the majority judgment...
03:14Let's talk about Article 17.
03:15No one has been rewritten.
03:16What are you talking about?
03:17Yes, you are talking.
03:18Listen, listen.
03:19This is your opinion.
03:20There is an opinion on Article 63A,
03:22that the constitution was rewritten.
03:24But some people have an opinion that it was not.
03:26Anyway, Mr. Chaudhary,
03:27you can ask the question.
03:28After that, Mr. Naqib.
03:29Mr. Chaudhary.
03:30No, the question is,
03:32which emergency is it?
03:34Which sky is falling?
03:36That it never came in the constitution.
03:39Sometimes, the ordinance...
03:40Our respected President,
03:42tell me,
03:44the people related to the law,
03:48the lawyers,
03:49the Bar and Wedge,
03:51will they keep watching it as a silent spectacle?
03:55Mr. Chaudhary,
03:56it is not a silent spectacle at all.
03:59We are, God willing,
04:00with the law and the rule of law.
04:02And in two or three days,
04:04you will see our protest in Islamabad.
04:07You will also see our convention.
04:09Whatever is being done with this country
04:11on judicial reform,
04:13they are going to flood a unified constitution.
04:16All the changes they are bringing in,
04:18like Article 184.3,
04:20Article 189,
04:21Article 190,
04:23Article 9,
04:24Article 8,
04:25beyond all that,
04:27Article 199,
04:28the rate jurisdiction,
04:29they are going to curtail it.
04:31They are introducing a new constitution.
04:34Instead of calling it judicial reform,
04:36you can call it Constitution 2024.
04:39We are not silent at all.
04:41We are raising our voices.
04:43But you will see, Mr. Chaudhary,
04:45in Islamabad,
04:46we will protest,
04:47we will raise rallies,
04:49we will call a convention,
04:50we will protest.
04:51And with this country,
04:52the unified constitution,
04:54the symbol of the federation,
04:56which is being opposed by a whole province,
04:58a big political party,
04:59Bar Associations,
05:01Bar Council is opposing it.
05:02We will defend it.
05:04We have written a letter,
05:05350, 400,
05:07in which I am on the third place,
05:09and a lot of people,
05:10Sadoor Sindh High Court,
05:12Lahore High Court,
05:13Balochistan High Court,
05:14there is a convention in KP,
05:16on Saturday.
05:17We are also holding a convention.
05:18We are not silent, Mr. Chaudhary.
05:20The people are also not silent.
05:21And God willing,
05:22we will put our full support in this.
05:25Let me clarify something.
05:27This 63A case,
05:29do you know who has filed the review?
05:31Supreme Court Bar Association.
05:33And do you know who is in demand for the Constitutional Court?
05:35Pakistan Bar Council.
05:36These 300 people,
05:37they are demanding Rs. 2 lakhs.
05:39Listen to me.
05:40This is the reality.
05:41No, no, listen to me.
05:42This is not necessary.
05:43We will include Mr. Nagri,
05:45and then we will come to you.
05:46Azad is not with us.
05:48Mr. Nagri,
05:49one thing is that,
05:50you can ask a question today.
05:52You can comment on the debate that we have had so far,
05:55and you can also ask questions to Azad.
05:57I would like to ask a very personal question to Azad.
06:00Of course, of course.
06:01It is probably 7 in the evening in Pakistan,
06:03and it is already October.
06:05Until now,
06:06according to the law,
06:08according to the laws that have come,
06:10Qazi Faiz Issa Sahib
06:12is retiring on 25th October.
06:14Isn't that so?
06:15Yes.
06:16Isn't that so?
06:17Yes, yes.
06:18Look, let's not talk about substance,
06:20thoughts,
06:21concepts,
06:22statements.
06:24Let's talk about the ground reality.
06:27This ordinance that has come,
06:29on which the debate is taking place,
06:31its biggest beneficiary
06:33will be the future Chief Justice.
06:35Where will he go after 25 days?
06:37Please tell us.
06:38The question is,
06:40he is going to go,
06:43but by virtue of judicial reform,
06:46they are increasing the age limit.
06:48Sir, let's not talk about substance.
06:50Let's talk about today's ground reality.
06:52If we go to the ground reality,
06:54the ground reality that exists now,
06:56if I talk about today,
06:58if we put this in front,
07:00if he retires,
07:02then definitely,
07:03Justice Mansoor Sahib will be his beneficiary.
07:05He will have all the rights.
07:07I rest my case.
07:08I rest my case.
07:10Your case has come, sir.
07:11One opinion,
07:12your 300,
07:13Vukla has written a letter.
07:15350.
07:16And his lecture on Google,
07:18many people have signed it.
07:19Sir, Hassan has raised a question to you,
07:21that the 63A,
07:23a different Supreme Court,
07:25Bar Association has gone,
07:26Vukla has said something,
07:27that is the case.
07:28But now,
07:29this debate has started,
07:31and the case of 63A,
07:33obviously,
07:34Justice Muneeb,
07:35and other objections are coming.
07:37Vukla community,
07:39Hassan's fundamental question is,
07:41how many bars are there,
07:42who is standing where,
07:43everything,
07:44we can see the division everywhere.
07:46Look, he has said,
07:47that there,
07:48he has a mandate,
07:49he has a mandate for 5 years.
07:51The president,
07:52who is elected every year,
07:53he has a fresh mandate.
07:55Okay?
07:56The question arises,
07:57that 63A,
07:59do you want to bring back,
08:00the politics of Chhanga Manga,
08:01in this country?
08:02Do you want to bring back,
08:03this treachery?
08:05Those,
08:06who consider themselves,
08:07as Turam Khan,
08:08they fight on the ticket,
08:09of a political party.
08:11Some like Noon,
08:12some like Jeem,
08:13some like Meme.
08:15If you are only this much,
08:16then you should not fight on the ticket.
08:18If you want to raise,
08:19the level of truth and justice,
08:21you should win.
08:22Khabar Lahariya,
08:23I am saying,
08:24that the Political Parties Act,
08:28which has a parliamentary head,
08:31you come on the ticket,
08:33then later,
08:34if you go against his will,
08:35then shouldn't you be penalized?
08:37You are in this country,
08:38No, no.
08:39Look,
08:40you are penalized.
08:42Look,
08:43you are saying,
08:44that you are going,
08:45to the river,
08:46to board a system.
08:48You are going,
08:49to the river,
08:50to board a system.
08:51And you are saying,
08:52that for him,
08:53look,
08:54you have put up,
08:55the Maveshi Mandis,
08:56who are sitting,
08:57for the sake of the government tax,
08:58people have been bought,
08:59and you have given them that,
09:00and you have given bribe,
09:01to derail this system.
09:02You are saying,
09:03it is not good.
09:04Give me a chance,
09:05for a small amount of Rs 1000-2000.
09:07Hassan,
09:08let me finish.
09:09Give me a chance.
09:10Give me a chance.
09:11There are two kinds of laws.
09:12There are two kinds of laws.
09:13One is,
09:14the law made by the parliament.
09:15Another is,
09:16the law made by the judgement.
09:18Where the law is silent,
09:20what does Article 186 say?
09:22That when there is ambiguity in the law,
09:24the President of Pakistan,
09:25The President of Pakistan sent a reference to the Supreme Court for guidance and assistance.
09:30Why did you send the case of Zulfiqar Ali Bhutto?
09:32In 63A, the Supreme Court was silent in explaining this case.
09:40There is no rewriting in it.
09:42Sorry, you are wrong.
09:43No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no

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