"What right does a dissenting judge have when the majority decides?" - Haider Naqvi
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00:00Mr. Ali, when such news comes out on the Supreme Court level,
00:05they say that we gave a judicial order and it is not being heard.
00:10Obviously, when they issue a notice of contempt of court to an officer of their own court,
00:16within a building of the Supreme Court, it becomes news.
00:20Obviously, today you have seen that this news is running on the top of the headlines in all the Pakistan media.
00:26So, to stop such news, the Supreme Court's administrative matters...
00:32Obviously, for us, all judges are respectable.
00:35The Supreme Court of Pakistan is the biggest court in Pakistan.
00:39What do you think, what can be done to stop such an extraordinary incident?
00:45Let's look at the other side of the picture.
00:48A judge has raised an objection.
00:50The judge who does justice has raised an objection.
00:53Let's look at the other side of the picture.
00:55The Supreme Court has given the decision to both the head of the committee and the other judge.
01:02When the majority is making the decision, then what is the right to object to a judge of the minority?
01:06This is also a big question.
01:08Let me tell you one thing.
01:10No, no, the minister has not come forward yet.
01:13When he comes, we will know.
01:15One thing about Justice Mansoori Shah is right.
01:17He said that the case should be filed on this date, on Monday.
01:20Then why was the case not filed on Monday?
01:22We should look for an answer to this, but apparently...
01:25Mr. Chaudhary Gulamshan, there will be a hearing in the morning.
01:28Mr. Chaudhary Gulamshan, obviously, you know that if the 26th amendment had not come,
01:34Justice Mansoor Ali Shah would have been the Chief Justice of Pakistan at this time.
01:38But obviously, the 26th amendment came.
01:41Then the appointment of the Chief Justice has changed.
01:45From the panel of three to the government of the time, there is an executive case.
01:49The majority came in it.
01:51So, you know, there are a lot of objections.
01:53The 26th amendment has also been challenged.
01:55So, this is how the matter will move forward.
01:58Do you think this matter will be decided on the Supreme Court level?
02:02Or will we continue to cover such events?
02:05Mr. Chaudhary.
02:07I can't say anything now.
02:09But the first thing is that when the house was not complete,
02:12the KPK centers were not complete,
02:14there were no women and minority seats,
02:18then the mandate was a big question mark on it.
02:23And from such a tainted house,
02:27a very controversial kind of 26th amendment has been passed.
02:34No one knows where the case is going,
02:39where the judge has to sit,
02:41what decision has to be made,
02:42what will be the result of it.
02:44So, the way they have destroyed other things,
02:48by interfering in this too,
02:52they have destroyed the institution of judiciary of Pakistan.
02:58And now who and how to bring it back,
03:02we are waiting for that.
03:04Okay, Mohsin, this 26th amendment has been challenged.
03:07There are a lot of petitions.
03:09What is the status of that?
03:10See, the Military Courts case is pending in the Supreme Court of Pakistan.
03:14Earlier it was said that it will be completed.
03:16Within the first week of January.
03:18It was said that it will be done after holidays.
03:20But there are a lot of things in the case that are taking time.
03:23And due to a bench member,
03:25the case was scheduled for today's hearing.
03:27But it could not be done due to Mr. Bilal.
03:31Today the hearing did not take place.
03:32So, as soon as the Military Courts Civilian Trial Appeal is decided,
03:37the 26th amendment will take place.
03:39And this case will be decided for the hearing.
03:42And you know that there were a lot of applicants.
03:46But now Aini Bench,
03:47because in the early morning,
03:49it listens to the Aini cases.
03:50After that, at 11.30,
03:52it listens to the regular cases of the Supreme Court.
03:55So, Aini Bench also has a limited time.
03:57During that time, the case of Military Courts is still going on.
04:00Once the hearing is taking place on a daily basis,
04:03it will be completed.
04:04Then the next case will be the 26th amendment.
04:06The case of Aini Bench was decided on 16th.
04:09So, the decision of Aini Bench was that
04:11the case will be decided in front of us.
04:13They said that the case will be decided for the hearing.
04:16But today the question was that
04:18the case will be decided in front of us.
04:19Was the Aini Bench broken?
04:20Or was the Aini Bench the same?
04:21No.
04:22The head of Aini Bench,
04:24in Aini Bench 2,
04:25because Mr. Mansoor was heading it,
04:26Justice Mansoor Ali Shah,
04:27he said that
04:28the case will be decided in front of us.
04:30But it was not decided today.
04:32And this is the decision of the committee
04:34as per the Deputy Registrar,
04:36that it has already been decided on 27th January
04:39in front of the Aini Bench.
04:41And earlier also,
04:425 times the cases were filed in the regular bench.
04:44And these judges have re-referred them to the Constitutional Court.
04:48The Supreme Court,
04:49the bench of Justice Mansoor Ali Shah,
04:51they have asked for more on-ground things,
04:54they have asked for the documentary evidence.
04:56Because of which...
04:58Okay, I have to ask a question.
05:00Yes, yes, Mr. Chaudhary, please go ahead.
05:04If you don't mind, Mr. Mohsin Ijaz,
05:06please tell me clearly,
05:08do you want Aini Bench or Non-Aini Bench?
05:12Mr. Chaudhary, this is a very difficult question.
05:14And on this,
05:16on this,
05:18everyone wants an answer
05:20as to which is Aini Bench and which is Non-Aini Bench.
05:22No, Mr. Mohsin,
05:24Aini and Non-Aini,
05:26Mr. Naqvi, we are talking about a different matter.
05:28No, this question...
05:30So, let's go, viewers.
05:32We will find out in the morning
05:34whether this case will go to Aini Bench
05:36or Non-Aini Bench.