Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement
#constitutionalamendment #ConstitutionalCourt #JusticeMansoorAliShah #SupremeCourt #ChiefJustice
Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement
Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement
Category
đź—ž
NewsTranscript
00:00Welcome back to Ayn-e-Tarmeem, where politics is going on at the moment.
00:05There is a cut in Jati Umrah, Muslim League Noon, People's Party, Jamia-Tulma-Islam,
00:13all political parties are present there to agree on one issue.
00:17Mausee-e-Naqvi has also reached there, Governor-e-Punjab is also there,
00:22and of course, Prime Minister of Pakistan and Prime Minister of Punjab are also a part of this meeting.
00:29The decision will be made on what to achieve from this Ayn-e-Tarmeem.
00:33We were talking about this before the break,
00:35that was there a difference between two things, or what the government has to achieve.
00:42We heard that Article 8 was buried, high court transfers were over,
00:46the petitions for 199 were also over.
00:49Now the matter was of the Supreme Court,
00:51and the Supreme Court has judges, and the judges have judges' appointments.
00:54Will there be a Constitutional Court, or a Constitutional Bench?
00:59The Bench means that there will be only one court,
01:02in which the top five judges or top seven judges will only hear Ayn-e-Tarmeem,
01:06and the rest of the cases will go to the other benches.
01:09So, this is a path that is being taken.
01:15I repeatedly ask the government,
01:18that all the stories we heard, the intent we saw,
01:23we saw that it was first started to increase the age of judges,
01:28and then it was said that the judges should be tenured,
01:31and then it was said that out of three or five judges,
01:34even Maulana Sahib addressed this in the Assembly,
01:36that one judge should be appointed as the Chief Justice.
01:40All this seemed to be happening for a reason,
01:43and we know that the government is not very happy with the upcoming judges,
01:48and they don't want to let them become Chief Justices.
01:51Do you think that the Bench would have solved your problem?
01:55Look, the government has never said on any platform,
01:58or any representative of the government has never said that
02:00we have a problem with any upcoming judge,
02:03we have no problem with any judge,
02:05and the judges are completely respectable for us,
02:09and we respect them.
02:10But they should not become Chief Justices.
02:11No, this statement was not even said.
02:13I, in fact, in so much so…
02:15Everything was said in a little way,
02:16but why are you trying?
02:17To a certain extent, I have also said that,
02:19according to the law and the constitution,
02:20and it has happened today,
02:22the 16th is left behind,
02:23then the total is up to the 24th,
02:25the notification will be made on the 24th.
02:27The Constitutional Court is not a person specific,
02:30and it is not being made for a single person,
02:33or it is not being made for a rule-in or a rule-out.
02:35Rule-in, whatever happens, rule-out will happen.
02:37Absolutely not.
02:38Let me ask you a question.
02:40Can Mansoor Ali Shah be a part of the Constitutional Court?
02:44It is highly possible.
02:44If he meets the eligibility criteria, he can come.
02:47If he meets the requirements, he can be a Constable.
02:50No, Muneeb Akhtar can't be a Constable.
02:51It is possible.
02:52This is the problem.
02:53The government…
02:54Look, without saying anything,
02:58everyone knows what is happening in Pakistan at the moment.
03:01Am I right?
03:02Look, I will not comment on this much,
03:05but I will definitely say that,
03:07as far as the Constitutional Court is concerned,
03:11the age that was presented in the Constitutional Court
03:14was 67, 68, and 67 was considered last.
03:19Because there is such a good lot of recently retired judges,
03:22and Saqib Nisar Sahib will also come and be a rule-in.
03:25Where will he come in September?
03:27No, if he is of that age,
03:28Bandyal Sahib will also come and others will also come.
03:30All those who have retired,
03:32Saqib Nisar Sahib has retired 4 years ago.
03:36The one who has recently retired…
03:38He retired at the age of 65.
03:39He has recently become Bandyal Sahib.
03:41Bandyal Sahib is an eligible man.
03:42He can be eligible.
03:43Yes, he can be eligible.
03:44So, why won't he be considered?
03:45All these people will be considered.
03:47And if the High Courts…
03:48If the parameters of the High Courts are increased…
03:50Let me tell you one thing,
03:50Bandyal Sahib won't be the Chief Justice of the Constitutional Court.
03:53You are saying this,
03:53I am saying that if he meets the eligibility criteria,
03:56then he can come.
03:57There is nothing wrong with that.
03:59But can the bench be cut for you?
04:00Will the bench that is going to be made,
04:02do you think Muslim League Noon will be ready for the bench?
04:04What will be the need?
04:05Look, the bench will be…
04:06They have been exercising for so long,
04:07they have been selling their wealth.
04:10Obviously, they will be humiliated.
04:11If they break the bandits,
04:12they will say that you have made a lot of money.
04:14What will be the benefit if the Indian Court can't be made?
04:16My personal and legal view,
04:19which is not the opinion of my personal government,
04:21let me clarify this.
04:23This will be a very futile exercise
04:24if we just go towards the bench.
04:26We have already made the bench in practice and procedure right to a certain extent.
04:30And in that, the same thing that I repeated,
04:32at the cost of repetition, I will say this,
04:34that the matter has to be brought out there.
04:37Why the Constitutional Court?
04:38Ask me what are the benefits of that?
04:41Further protection of your fundamental rights,
04:43all the Pakistani citizens,
04:45a special court…
04:46So, earlier you were taking our fundamental rights,
04:50and now you are defending them.
04:52There will be more strength…
04:54Okay, first you had to take,
04:54then you had to strengthen and return it to us.
04:56No, I will come to that too.
04:58But here, this thing,
05:00apart from that,
05:01access to justice will improve.
05:03All your cases,
05:05people's appeals, revisions,
05:08reviews that have been pending for 20-25 years,
05:09will be heard in the Supreme Court.
05:11Apart from that,
05:12the legacy that we want to leave behind,
05:15you have to see this in the future.
05:17This is a legacy.
05:19This is not a matter of 2-2.5 cases.
05:21These 2-2.5 cases will end.
05:22But now,
05:23if there is an issue of province and loyalty,
05:25it comes to the Council of Common Interest.
05:27There, at least,
05:28if there is a case on constitutional provisions,
05:30then in the court…
05:31I am happy that you mentioned the word legacy.
05:33And the reason for that is that
05:34in our country, if people don't think,
05:36then they don't think about legacy.
05:37People are leaving their lives
05:40and ending their political careers.
05:43But they don't think about
05:44how they will be remembered in this country.
05:46Right.
05:47It's a good thing to think about it.
05:48But when you think about it,
05:49whenever,
05:51if legal reform is done in this way,
05:53I am sorry, this is my view,
05:55whenever it is seen,
05:57in the context of history,
05:58it will be seen that
05:59a very political reform was done
06:00to stop some judges.
06:02How was it done?
06:03First, how was the government formed?
06:06Let's leave that.
06:07Even then, as Mr. Maulana says,
06:09it is a de facto government.
06:09But if people have to break down
06:11and form a government,
06:12then what will be its foundation?
06:14Mr. Maulana himself says
06:15that it is a fake assembly.
06:16It is a fake mandate.
06:17It doesn't have any rights.
06:20I am not reforming.
06:20Mr. Maulana says that.
06:21I don't say that.
06:22So don't blame me.
06:22But Mr. Maulana has also said that
06:24this has been going on for 45-47 years.
06:27And that's why I said that
06:28his second view is that
06:28this is a de facto assembly.
06:30You are the people
06:31with whom we have to deal.
06:33So, this legacy,
06:35I don't know how you want to…
06:37how this assembly wants to be remembered.
06:39How Mr. Mian wants to be remembered.
06:45How Mr. Tariq wants to be remembered.
06:46What Mr. Tariq wants to be remembered.
06:48All these decisions have to be made now.