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26th Constitutional Amendment, Supreme Court Baar Association Mein Ikhtilaaf...
Transcript
00:00So, Mr. Rao, it is clear that the Supreme Court is not in favour of this case.
00:06Do you think that...
00:08By the way, please clarify that the 26th amendment is the first case of the INE Bench.
00:14The 26th amendment is not only about the INE Bench.
00:15It is the real beginning.
00:17Do you think that there is still some ambiguity in this?
00:20Or please guide us.
00:22For example, if I take this case to the Supreme Court in Wasimada,
00:27who will decide whether this case qualifies for the INE Bench
00:32or on a lighter side, Mr. Mansoor Ali Shah will qualify for a non-INE Bench or another bench?
00:38How will this be decided?
00:41Before that, I would like to make a request.
00:46I respect the opinion of my Secretary.
00:52But I would also like to say that a few days ago,
00:57Mr. Hamid Khan and his group formed an action committee
01:01of the Parallel Supreme Court Bar Association.
01:04They said that we have to take action.
01:06We will beat the bricks.
01:07I don't know what they said there.
01:10One of our colleagues commented that they will take two bricks and beat them at home.
01:15So, they did this program in Karachi.
01:18This action committee also did a program in Lahore.
01:22It flopped badly.
01:24Then they said that they will go to Peshawar
01:26because there is a PTI government there.
01:28They will try to get some money there.
01:30They failed there as well.
01:32After failing, they used the Secretary of the Supreme Court Bar.
01:37I did not make a statement that they alleged.
01:44I just expressed my opinion.
01:46If a bench is formed, it should start working.
01:50People are waiting to know its benefits and advantages.
01:55If there are any disadvantages, they should also come forward.
01:57If they do a good job, we will appreciate it.
02:01If it does not meet our expectations,
02:05we will criticize it.
02:09You said that there will be bifurcation in the morning.
02:13There will be bifurcation in the morning.
02:19It is written in Article 191
02:22that the original jurisdiction of Article 184 will be exercised by the bench.
02:27Sir, I am asking a question.
02:30I have taken a case in Wasimada.
02:32Who will decide whether your case will be in the constitutional bench or in another one?
02:36Does this case qualify for the constitutional bench?
02:40When you present your case in the constitutional bench,
02:46there will be a desk there.
02:49It will be coded in colour.
02:51If it is a matter of law, the law will go there.
02:54In the Supreme Court, there are many desks there
02:59that decide whether it is a civil appeal, a criminal appeal,
03:02or a case related to revenue matters.
03:04And that desk consists of?
03:06Who are the people there?
03:08There will be employees there.
03:11There are many employees under Mr. Gishtar.
03:15Deputy Gishtar Judicial, Deputy Gishtar Fixture,
03:18Deputy Gishtar Saharan are sitting there.
03:20You are saying that it is such a small matter.
03:22What is the difficulty in this?
03:24Like, it is decided whether the case is civil or not.
03:26It will be coded.
03:27In this, we will get to know.
03:29We will get to know that there has been so much punishment in this case.
03:32He will go to that bench.
03:33He is a criminal. He is an army officer.
03:35He will be given this and that.
03:37In this, it is related to the constitution.
03:39The constitution is required.
03:40He will go there.
03:41Okay, I got it from Mr. Salman's smile.
03:44These procedural defects can be removed.
03:50It is not such an issue that the bench will be finished.
03:54Or there will be a big issue in the bench.
03:57These can be removed.
03:58Firstly, I got it from Mr. Salman's smile
04:00that maybe the matter is not so simple in his opinion.
04:02Tell us, Mr. Salman, if that is the case or not.
04:04Secondly, sir, the thing is that
04:06when your group's leader, Mr. Hamid Khan,
04:09who has a separate political affiliation with a group
04:11and he is running action committees,
04:13which is his right,
04:14even though the president thinks that he is working under the umbrella of the Supreme Court.
04:17So, despite that, you take the position that
04:20I have the honor that I am not a politician.
04:22So, give this honor to Mr. Rauf as well.
04:26He has not done anything like this.
04:27So, don't blame him for being a politician, Mr. Salman.
04:31Look, Mr. President, he is a respected person for me.
04:36He is my president.
04:37We fight the elections.
04:39When we fight, we belong to the group.
04:41But when we win the elections, we represent the entire bar.
04:44Right.
04:45We try to bring all the members together.
04:47Absolutely right.
04:48Secondly, it is obvious that
04:50first of all, Mr. President issued a press release in favor of a sitting government
04:56in which he endorsed the 26th Amendment.
05:01Wait a minute, Mr. Salman.
05:03Wait a minute.
05:04If the government thinks that the 26th Amendment is right
05:07and the president also thinks that it is right,
05:09if you think that it is in favor of the government,
05:12then let me say that the PTI thinks that the 26th Amendment is wrong.
05:15You also think that it is wrong.
05:16Then you are in favor of the PTI.
05:17According to this logic.
05:19Precisely, I was also saying the same point in front of you.
05:23Look, this is how the impression is generated.
05:28Who has been used?
05:29Has the president been used?
05:31Or has the Secretary of the Supreme Court been used?
05:34My very precise opinion has been that
05:37the Supreme Court Bar Association should stay away from the political struggles of the political parties
05:42and the power struggle.
05:45Plus, it should also resist entering the Supreme Court,
05:48apart from the Supreme Court Bar Association.
05:50So, how do you think they are becoming political?
05:55No, I am just saying that...
05:57Mr. Badami, let me clear a point.
06:00Many people do not agree that the constitutional amendment is right or wrong.
06:04Mr. Badami, let me clear a point.
06:06Without any discussion, because you did not talk to the members,
06:11with all due respect, he is my president and we respect him a lot.
06:17It was important to say that there is a lot of segment of the Supreme Court Bar Association...
06:24So, you are saying that you had to make this statement because he had already made it.
06:28Otherwise, you would not have made it.
06:30Yes, I still need to...
06:32Mr. Rao, do you have anything to clarify?
06:33Do it and then I will conclude.
06:35Mr. Rao, do you have anything to say?
06:36Mr. Badami, let me make a clarification.
06:39I was sitting in the office.
06:40A few people came and said that our cases are not being fixed.
06:43Our cases are related to Ayni Bench.
06:46So, what can we do?
06:47So, I told the office to issue a statement.
06:50If Ayni Bench has already been brought into force,
06:53then they should have done a function to let people know that our case has already started.
06:57This was the background.
06:59So, I think he has prepared his statement from Lahore.
07:02After getting it done, after printing it out,
07:04I don't know, after writing a lot of things in it,
07:07God knows what came to his mind,
07:09who put it in, or he is motivated.
07:11He can tell this himself.
07:12In my opinion, it was a motivated statement.
07:14He issued it.
07:15And he tried to give an impression that there is some disagreement between us.
07:19But there is no such disagreement.
07:21He should have asked me first that I am issuing it.
07:25And there is no such thing in it.
07:26Okay, tell me this now.
07:27I will bring a servant for me.
07:28There was no such thing.
07:29We are from the Supreme Court.
07:30What do we think of as the Supreme Court Bar Association?
07:33Yours or yours?
07:35We have to solve the problem.
07:37Look, I have to authorize the rules of the Bar Association.
07:41I am the president of it.
07:43And I also asked the members of the Executive Committee,
07:46I asked them later,
07:47was there anything in it that was for any party?
07:50There was nothing in it.
07:51It was only for the litigants.
07:52And the judges who became its seven members,
07:54their integrity has been shown.
07:56That they are good people.
07:57Start your work in it.
07:58I did not say that this and that should be done in it.
08:00According to the rules of the Supreme Court Bar,
08:03the spokesperson of the Supreme Court Bar is considered the president.
08:06It is not the president's statement,
08:07it is the statement of the Supreme Court Bar.
08:08If the Secretary will issue it,
08:10he will ask me first.
08:11He will consult me.
08:12I will not ask him.
08:13Give the final comment, Mr. Secretary.
08:15Then I have to conclude.
08:17I obviously disagree a little.
08:20This is an issue of our rules,
08:22which we internally disagree.
08:23On national television,
08:24Right.
08:25I would like to respect my president.
08:29And I will not use any such words,
08:31as he has done.
08:32Because it is against the decorum.
08:34He is, after all,
08:35our president of the Supreme Court Bar Association.
08:37And as far as the rules are concerned,
08:41the rules of the Supreme Court Bar Association are published.
08:44And mostly,
08:46this function has to be carried out by the Secretary.
08:49Whatever the President likes,
08:51whatever he wants to issue on the statement,
08:53I am bound by his orders.
08:55He will issue it through me.
08:57And whatever he wants to say,
08:58I will not have any objection to it.
08:59It is his prerogative.
09:00I hope it gets sorted then.
09:03Right.
09:04Thank you very much, sir.
09:05Thank you very much.
09:06Thank you very much.

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