• 2 months ago
#constitutionalamendment #judiciary #supremecourt #breakingnews #chiefjusticepakistan

International Media has also Reacted on 26th Constitutional Amendment | Hassan Ayub's Analysis
Transcript
00:00Since yesterday, there is only one debate going on, that this new process of the selection of the Chief Justice and then the formation of the Constitutional Bench,
00:11is this an attack on the freedom of the court?
00:15Or is the second opinion in Pakistan, the government's opinion, that transparency has been brought into the system of Pakistan,
00:22especially in terms of the selection of judges of the Supreme Court?
00:26Before this, it used to be that the judges themselves used to select, and people used to come from the law companies with whom they used to work as judges.
00:41A constitutional amendment was passed, the international reaction that is coming on this, let's put that in front of you first.
00:48Pakistan, ICG, International Commission of Jurists, is a well-reputed international organization.
00:56It has been said that the 26th Constitutional Amendment is a blow to the independence of the judiciary.
01:04The headline of the Express Tribune the other day, they put it in front of you, that the wings of the judiciary in Pakistan have been cut.
01:15Today, a very interesting cartoon has been published, the big English newspaper of Pakistan, which is said to be the most authenticated, people believe it.
01:27You can see, ladies and gentlemen, there are three pillars of the state, the pillar of the parliament, it is standing with its abode.
01:37In front of it is the executive, because the executive is present from the parliament, you can see it, it is also standing.
01:44But the judiciary that has been cut to size, you will see that the support it has to provide to the state, according to this cartoon, is not published.
01:56In the New York Times, the news has been covered, because it is a big news.
02:01Judicial overhaul squeaks through after high political drama in Pakistan.
02:07Bloomberg has also covered it, Pakistan lawmakers change constitution to strengthen influence.
02:15The influence of the government will increase.
02:18The Guardian, Pakistan government curbs judiciary's power after alleged harassment of MPs.
02:24Reuters, Pakistan passes constitutional amendment empowering parliament to pick top judges.
02:32Times of India, in dead heat of night, this is a very interesting headline.
02:39In the dead of night, Pakistan shackles its judiciary.
02:44What is Pakistan's 26th constitutional amendment?
02:47And why is it so controversial?
02:49This is also a headline.
02:51Similarly, Al Jazeera, Pakistan passes amendment empowering parliament to pick top judge.
02:56This is the international reaction on this.
03:00Now, the reason for this reaction is also made public.
03:06The 12-member committee, which has to elect Pakistan's new Chief Justice,
03:12has three government officials from Pakistan Muslim League Noon.
03:18Law Minister Azam Neertar, Khawaja Asif from Sialkot, Ahsan Iqbal from Narwal, Shahista Pervez from Lahore.
03:27They are members of the Muslim League MNA.
03:30And three of them are from Pakistan People's Party.
03:35Senator Farooq H. Naik, Raja Parvez Ashraf, Naveed Qamar and Rana Insar.
03:41They are members of MQM.
03:44They are also members of the government.
03:47They are sitting in the cabinet.
03:50Opposition Senator Kamran Mutoza Nazari.
03:53He is from JUF.
03:55Senator Barrister Ali Zafar.
03:57He is from PTI.
04:00Barrister Gohar and his son Hamid Raza Khan.
04:03PTI and Sunithaad Council.
04:05Hassan, first of all.
04:07There are two opinions on this.
04:09The new Chief Justice has to be elected from the two-thirds majority.
04:14The two-thirds majority is clearly with the government and union parties.
04:20In the parliamentary committee.
04:22In the parliamentary committee.
04:23That's what I am saying.
04:24Who else was I talking about?
04:27I am saying that this criticism is coming from all over the world.
04:30Yesterday, there was a published criticism in all the newspapers of Pakistan.
04:34From what point of view do you see this?
04:38There are no two opinions on this.
04:40That the parties present in the government and union parties
04:44are capable of electing one of the top three judges of their choice.
04:49Yes, absolutely.
04:50They have a two-thirds majority.
04:53They have a two-thirds majority.
04:55They have a two-thirds majority.
04:57That's why this 26th amendment has been passed.
05:00Look, I will look at this from this point of view.
05:04When General Musharraf imposed martial law in Pakistan.
05:09I remember that all our channels were shut down.
05:12I was in PTV.
05:14PTV and PTV2 were shut down.
05:18There was a headline that Pakistan's army commander Musharraf
05:23jumped himself and put the crown on his head.
05:27So our court itself gave the decision and gave this right to itself.
05:32I was saying that you are saying that the parliament itself put this crown on his head.
05:35We brought the seniority principle.
05:37This was not the intention of the constitution.
05:38One thing.
05:39Look, and when it was not the intention of the constitution
05:42and when he himself decided,
05:43from that day he imposed judicial martial law.
05:47Now the parliament has given its space back.
05:53I will start with Mr. Iftikhar Chaudhary.
05:56Now look, the martial law of Mr. Musharraf
06:00which the whole world was saying was wrong.
06:03He put the crown on his head.
06:07Do you know the term Satarmiyani?
06:09Our court.
06:10Do you know the term Satarmiyani?
06:12He gave permission to Mr. Musharraf to fight in the elections.
06:21The matter went to the court.
06:23The parliament endorsed it.
06:25The matter went to the court and he gave permission to the court as well.
06:28So this is the tradition of our court.
06:33So now the traditions that have been established
06:36that have been written in the Guinness Book of World Records
06:39So now they have been told that you are in the name of Shri.
06:42What is the definition of the trichotomy of power?
06:46The definition of the trichotomy of power
06:50has been proved wrong by our court.
06:54And the 26th amendment has strengthened it.
06:58The parliament's authority has been encroached on it.
07:01No, I am saying that the 26th amendment has strengthened it.
07:05No, I am saying that the 26th amendment has strengthened it.
07:12Yes, the balance was broken.
07:14The court was interfering in every matter.
07:17Like Mr. Haider Naqvi is saying
07:19and the way Mr. Faisal Wada talks, it is a very interesting thing.
07:22Because of Wada, you were interfering in the matter of PKLA.
07:27You went to the PIA, you went to the Recorded.
07:30You have scattered the whole country.
07:32You went to the steel mill.
07:33You didn't interfere in any matter.

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