Hukoomat Aur Adliya Ke Bech Tanaza Kam Hosakay Ga?
Hukoomat Aur Adliya Ke Bech Tanaza Kam Hosakay Ga?
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00:00We have 3-4 minutes, so we will make it very quick.
00:04They think that until a Constitutional Court is not formed,
00:09people do not think alike, then this clash will continue,
00:12because this Supreme Court is very clearly split.
00:15If Mansoor Ali Shah becomes the Chief Justice,
00:18do you still see a conflict between the Government, the Executive and the Supreme Court,
00:23or are there overblown apprehensions?
00:25They think that until this clash is not broken,
00:31no political government in Pakistan will be able to work effectively.
00:35I am asking because Mr. Mulana has said that if 5-6 Senior Most Judges
00:40or 5-7 Senior Most Judges form a Constitutional Bench,
00:43I was looking at the top 7 judges,
00:46and if you can guess from their decisions,
00:49then you think that the ratio is at least 4-2,
00:53and we do not think that there are 4 Governments,
00:56maybe 2 Governments in the future,
00:58or Mr. Fareed Wahid is seen as neutral,
01:01so we have to be very careful,
01:03we are not casting any aspersions,
01:05I am just analysing the decisions.
01:07So I do not see a solution in the Bench.
01:10So if they are not able to form a Constitutional Court,
01:14and there is a conflict in the Bench,
01:18then this seems to be a definite amendment,
01:21and I see that the next Chief Justice will not be Mr. Shah automatically,
01:26the Government will select him from the panel.
01:29Mr. Malik, what you have said is better to be asked from Mr. Fazlur Rahman,
01:36who has said this.
01:38Obviously, I have not said this,
01:40no one has said this to us,
01:42so how can I give you an answer on this?
01:45I have given you the scenario.
01:47You have said that you are not casting any aspersions,
01:51you have said that,
01:53and it is very direct,
01:55I am just analysing the decisions,
01:57if I see that there is a case of Reserve Seats,
02:00who did what in that case,
02:02there is a case of history,
02:04what did the judge decide in that case,
02:06what did he do in 63A,
02:08so when you see 3-4 decisions,
02:10which have political implications,
02:13then you can say that this is a mindset.
02:16The aim of the Federal Constitutional Court was to take one from every province,
02:20and bring a parity,
02:22because in the present Supreme Court,
02:24when these constitutional cases were going on,
02:26then that parity was not visible.
02:28The fear in that is of transparency,
02:30the issue of the Constitutional Court is this,
02:32Chief Justice, overnight you have made your own decisions,
02:35you have handpicked the judges,
02:37for 3 years that handpicked court will sit.
02:41Mr. Malik, the fear of transparency is when,
02:44in political matters, the present Supreme Court is very transparent,
02:47it has not been able to establish itself transparently.
02:50So you will make another one like that.
02:53By and large, our judges are very good,
02:55the judges of the present Supreme Court are also good,
02:57they decide the generalities of cases,
03:00in a very good way,
03:02but whenever political issues arise,
03:05our court becomes controversial.
03:07Who will guarantee that,
03:09if the Constitutional Court comes for 3 years,
03:11if everyone comes for 3 years,
03:13in 1965-78,
03:15that those people are not of one bent of mind,
03:18that is not a check.
03:20You are right, no one can guarantee that,
03:22but the present Supreme Court,
03:24had reached a point,
03:26that whatever happens,
03:28it cannot be that bad.
03:30It will be better than this.
03:32This is a matter of hope.
03:35No, not of hope.
03:37Hope is not a strategy.
03:39Look at Mr. Iftikhar Chaudhary,
03:41look at Mr. Poni,
03:44look at Mr. Saqib,
03:47look at Mr. Bandyal.
03:49And now we will look at those people,
03:51if your case is put forward,
03:53which you will put forward,
03:55then in the next 3 years,
03:57we will look at them and say,
03:59they are of the same kind.
04:01No.
04:02That is the guarantee.
04:04Those who will come next,
04:06after seeing so much,