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Islamabad High Court judges' letter to the Chief Justice- Details by Khawar Ghuman
No Independent Judges in Constitutional Benches After 26th Amendment - Aleem Abbasi Analyzes
Why Judges Are Brought from Other Provinces?- What does Article 194 say?
"Strike Ka Yeh Maqsad Nahi Kay Kisi Ko Pakar Kay Bahir Karden...", Aleem Abbasi's Reaction
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ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
Islamabad High Court judges' letter to the Chief Justice- Details by Khawar Ghuman
No Independent Judges in Constitutional Benches After 26th Amendment - Aleem Abbasi Analyzes
Why Judges Are Brought from Other Provinces?- What does Article 194 say?
"Strike Ka Yeh Maqsad Nahi Kay Kisi Ko Pakar Kay Bahir Karden...", Aleem Abbasi's Reaction
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
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NewsTranscript
00:00As-salamu alaykum dear viewers, we welcome you to our program on 3rd February, Monday,
00:15the first day of the week and our first program of the week.
00:19The issues in Pakistan are strange and strange in nature.
00:23The basic definition that is taught to the Sahabat is that if a dog bites a human being,
00:33it does not become a news.
00:35If it is an extraordinary incident, if a human being bites a dog, it becomes a big news.
00:44We are experiencing such incidents.
00:46In any normal country, there is a way of posting transfers within departments, within judiciary.
00:55If this happens, then maybe not even a single column of news will be made.
01:00But the circumstances and incidents in Pakistan and the background in which the posting transfers are taking place,
01:07are being legislated, then in all newspapers, the news, the incident appears in the form of a headline.
01:15In Islamabad, when the matter of the transfer of three judges started,
01:21the news had already started coming that who is coming from Lahore, who is coming from Sindh High Court,
01:27who is coming from Balochistan High Court.
01:29And behind this posting transfer, the executive, after the 26th amendment,
01:35who has established himself well in the Judicial Commission,
01:40what are the goals that he wants to achieve?
01:43Because the current Chief Justice of Islamabad has to be elevated in the Supreme Court.
01:48Therefore, this is a way of becoming the new Chief Justice in Islamabad.
01:53Similarly, all this work has been done.
01:55Let's come back to the news.
01:57On 1 February, when this news of the transfer was going on,
02:03five judges of Islamabad wrote a letter to the Chief Justice.
02:10And in that letter, they put forward some of their requests.
02:14First, let me show you all the newspapers.
02:17First, look at Express News Urdu.
02:20This is the same news from Express.
02:34Look at Duniya Akhbar.
02:37Three judges from three high courts decided to bring Islamabad High Court.
02:41They opposed five judges.
02:44It is said in this news that the name of Sardar Mohammad Sir Faraz Dogar has been finalized from Lahore High Court.
02:51He will also take over the position of Chief Justice in Islamabad High Court.
02:54The name from Balochistan and Sindh is likely to be finalized soon.
02:59This is obviously news from two days ago.
03:01After that, the news of Jangak Bar is exactly the same.
03:05Because the news is quite big.
03:07Keeping the conspiracy behind it in view,
03:10all the newspapers have put the same news across the board.
03:14Look at Dawn.
03:16Move to install Lahore High Court.
03:18Judge in capital court draws flag.
03:22Five Islamabad High Court judges write to CJP, Chief Justice of three high courts.
03:28Insist move will undermine judicial independence.
03:31Violent law.
03:33Tribune.
03:36The News.
03:39The letter written by the judges is in front of you.
03:43Letter of five judges.
03:45There were names of seven judges, but five have signatures.
03:50The main crux of the letter is in Urdu.
03:57Five judges write in their letter that
04:00According to the existing scheme of the constitution,
04:02there is no concept of a unified judicial service in Pakistan.
04:06High courts are free and self-contained.
04:10Judges who are appointed in a specific high court,
04:13under article 194 of the constitution,
04:16a specific province or Islamabad High Court
04:18seeks to provide services to the loyal government.
04:23According to article 200 of the constitution,
04:26there is no concept of a unified judicial service in the high court.
04:30This is not in accordance with the constitution.
04:33Judges who are appointed in a specific high court
04:36seek to provide services to the loyal government.
04:39Under article 194 of the constitution,
04:41a specific province or Islamabad High Court
04:44seeks to provide services to the loyal government.
04:48In the letter, it is written that
04:50a judge who has been transferred will have to take a fresh oath.
04:53As a result, despite being on the servers of another high court,
04:57he will be at the bottom of the seniority list.
05:03A judge who has been transferred will have to face this unfortunate situation
05:09which will cause confusion in the court.
05:11The situation will deteriorate and its effectiveness will also be affected.
05:15If a permanent transfer is allowed from one high court to another,
05:20especially for the position of Chief Justice,
05:22then it will be against the concept of freedom of the judiciary.
05:29This will give the opportunity to select a judge from one high court
05:34and introduce him to the Chief Justice in the other high court.
05:37Similarly, the Chief Justice will gain control over the high court.
05:41This was the letter of five judges.
05:44But what was supposed to happen, happened.
05:47After that, three judges were transferred.
05:51These are the announcements of the Ministry of Law and Justice.
05:56This announcement came on 1st February.
05:59Among these three judges,
06:02Justice Sardar Mohammad Dogar was transferred from Lahore High Court.
06:05Justice Khadam Hussain Somro was transferred from Sindh High Court.
06:11Justice Mohammad Asif was transferred from High Court of Balochistan.
06:19This is the fundamental reason for the confusion.
06:23We will talk about this in the first part of the program.
06:26We have invited Ali Mubassi to the program.
06:28He is the chairman of the Disciplinary Committee of the Islamabad Bar Council.
06:32He has been active in the politics of the bar in Islamabad for a long time.
06:40We will know from him if this incident is a storm in the cup of tea.
06:48He has also announced a lot of movement.
06:53He has also made a convention.
06:55This matter will go from Lahore to Chaudhry Ghulam Hassan.
06:58Hassan is in Islamabad with me as usual.
07:01Thank you very much, brother.
07:03Welcome to the show.
07:04When the Chief Justice had a meeting with the Supreme Court of Islamabad,
07:19he said that this is an ordinary issue.
07:24I don't know why this is being made an issue.
07:26Let me tell you what he said.
07:28Chief Justice Yaya Afridi has declared the transfer of judges.
07:33I would like to talk about the transfer of judges of the Supreme Court of Islamabad.
07:37Islamabad is a symbol of loyalty.
07:40Loyalty is of the whole country.
07:42The Supreme Court of Islamabad is not of any particular person.
07:46It is of the whole of Pakistan.
07:47Why did I agree to the transfer of judges?
07:49The transfer took place under the law.
07:51A judge named Balochi, a judge named Sindhi,
07:54these are the remarks of Chief Justice Yaya Afridi.
07:57According to Article 200, it is a good move by Chief Justice Yaya Afridi.
08:01More judges should come from other provinces.
08:05Judges from other provinces should also get a fair chance.
08:08Judges should appreciate this move.
08:11The judge who came to Islamabad High Court has not been appointed.
08:15He is already a judge of the High Court.
08:17Brother, what is your problem?
08:19The government is happy, the law is happy, everyone is happy.
08:24According to Article 200, the Chief Justice of two High Courts is happy.
08:32President of Pakistan is happy.
08:34Chief Justice of Pakistan is happy.
08:36Chief Justice of Islamabad High Court is happy.
08:39Lahore High Court is happy.
08:40Then why are you upset, Mr. Basri?
08:42Thank you very much for calling me, sir.
08:45The request is that, as you said,
08:48if this was a routine transfer,
08:51then such noise would not have been created.
08:54And what you said about Chief Justice of Pakistan,
08:57he had to defend this,
08:59because he was part of it.
09:01Whatever transfers were to be made,
09:03his consent, the consent of the Chief Justice of the High Court,
09:06and the consent of the Chief Justice from which he was sent,
09:09and the consent of the judge himself,
09:11their consent had to be included.
09:13The request is that,
09:15you said that why is there so much noise about you.
09:20We held the first convention,
09:22before the 26th Ayan-e-Tarmeem,
09:24when they were making the Ayan-e-Court,
09:26we said that,
09:28and if you take out my speech in that,
09:30one thing that is happening today,
09:33I pointed out regarding that,
09:35that there will be hand-picked judges,
09:37and those judges who will not be free,
09:42and they will be monitored,
09:45they will be managed,
09:47and after that,
09:49you saw that the elevations that took place,
09:52the elevations that took place in Sindh,
09:54I know them,
09:56most of the judges were inducted there,
09:59and the elevations that took place now,
10:03our request is that,
10:05like the Chief Justice of Pakistan is saying,
10:07we never say that,
10:09there should not be a judge from Sindh,
10:11not from Punjab, not from Baluchistan,
10:13not from KP,
10:15Islambad is one of loyalty,
10:17and in Islambad Bar Council,
10:19we have a strength of around 10,000,
10:21in which there are 7,000 to 8,000 loyalists,
10:25who are from Sindh, Baluchistan, Punjab, KPK,
10:29in Islambad,
10:31maybe less than 1000,
10:33in the strength of 10,000,
10:35Islambad, the local Islambad area,
10:37is less than that,
10:39the request is that,
10:41we have two objections to this,
10:43one is that,
10:45if you wanted to give representation to a province,
10:48then in Islambad,
10:50we have polished people,
10:52we have very talented lawyers,
10:54and very experienced lawyers,
10:56from Sindh,
10:58we have Indus Lawyer Forum,
11:00Pakhtoon Lawyer Forum,
11:02we have Baluchistan Lawyer Forum,
11:04so all of these are in Punjab,
11:06so wherever you,
11:08in Islambad,
11:10Atar Mulla was from KP,
11:12Sardari Jhaar was from Punjab,
11:14Mian Golasan was from KP,
11:16but they all were the members of
11:18the Islambad Bar Council,
11:20so it was inducted from there,
11:22now if you give us an example,
11:24that in Sindh,
11:26a person has been transferred from Islambad,
11:28made a judge,
11:30put him in Baluchistan,
11:32put him somewhere else,
11:34then we are ready to accept,
11:36this transfer,
11:38and see,
11:40the basic intent,
11:42the basic structure,
11:44if you transfer in the constitution,
11:46and if you transfer in the law,
11:48then you see the basic intent,
11:50and if you issue an executive notification,
11:52then the intent is very important,
11:54now tell me,
11:56what was the order,
11:58that the judges who are already serving here,
12:00and you did two inductions,
12:02in the last week,
12:04there were two inductions in Islambad,
12:06we participated,
12:08we went to Oath,
12:10we praised,
12:12we praised the government,
12:14we praised the judicial committee,
12:16we said, these are the good elevations,
12:18and we had no objection,
12:20Islambad was represented by the lawyers,
12:22and Islambad was represented by the judiciary,
12:24now the request is,
12:26is there any violation of the law,
12:28there is no violation of the law,
12:30the first thing is,
12:32that these three judges,
12:34who are present here,
12:36they took the oath from the governor of Punjab,
12:40when the oath was taken,
12:42they are subservient to that oath,
12:44and the jurisdiction of the governor of Punjab,
12:46will not be extended in Islambad,
12:48it will not be in Sindh,
12:50it will not be in KP,
12:52now the letter of the judge,
12:54in which he emphasized,
12:56that they have to take a fresh oath,
12:58the judge who will be inducted in Islambad,
13:00when you will elevate him from the chief justice,
13:02his oath will be taken by the president of Pakistan,
13:04but all the other judges,
13:06their oath will be taken,
13:08wait a minute,
13:10what you are saying,
13:12are these words from the mirror of Pakistan,
13:14let me answer you,
13:16are these words from the mirror of Pakistan,
13:18the mirror of Pakistan,
13:20the mirror of Pakistan,
13:22it is written in the mirror of Pakistan,
13:24that the judge who will be elevated in Islambad,
13:26the judge who will be elevated in Islambad,
13:28in 1984,
13:30who will take his oath,
13:32let me show you,
13:34the chief justice will take his oath,
13:36if the chief justice will be appointed,
13:38the president of Pakistan will take his oath,
13:40the judge who will be appointed,
13:42his oath will be taken by the chief justice of Islambad High Court,
13:44now the oath that you have given,
13:46for the induction in Islambad,
13:48you will give the oath to the chief justice of Islambad High Court,
13:50he did not give the oath,
13:52and the reason for that,
13:54as I told you,
13:56the intent is very important,
13:58the reason for that is,
14:00and as he was not given the oath,
14:02his purpose is,
14:04let's talk about this,
14:06let me show you article 194,
14:08before entering upon office,
14:10the chief justice of a high court,
14:12shall make before the governor,
14:14and any other judge of the court,
14:16shall make before the chief justice,
14:18oath in the farm set out in third schedule,
14:20that is the whole procedure,
14:22Hassan Ayub,
14:24what I have understood,
14:26this is an argument,
14:28but the chief justice of Supreme Court,
14:30Jaya Faridi,
14:32does not agree with you,
14:34I think,
14:36it is not a legal issue,
14:38it is a matter of timing,
14:40the issue is that,
14:42there are three senior judges,
14:44they have written in the letter,
14:46that one of us shall be appointed as chief justice,
14:48three seniors have not written,
14:50the three,
14:52who are not signatory,
14:54they were not even in the previous six,
14:56they are present in the run of chief justice,
14:58but he did not sign,
15:00he has not signed,
15:02but he has not said,
15:04that I am against it,
15:06you don't have to explain,
15:08I say,
15:10do you think,
15:12it is because of the timing issue,
15:14or what do you think,
15:16there is news in all the newspapers,
15:18there is a lot of crisis,
15:20there is something extraordinary in it,
15:22what do you think?
15:24No,
15:26what they are doing,
15:28they are doing it on the orders of the judges,
15:30they want to be chief justice,
15:32please don't do this,
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24:18The new list of seniority has also been issued and Mr. Dogar is the senior-most there.
24:27When the new list is issued, we will see who will become the new Chief Justice of Islamabad High Court.
24:32So, the movement that Islamabad Bar has announced is going to reach a logical conclusion.
24:42In the past, there was a movement called Judges Bhali Movement, which was a totally different ball game.
24:48Now, we are seeing a lot of division here. We will talk about this after the break.
24:57Welcome back.
24:58Now, let me give you the key points of the Islamabad Bar Council's resolution.
25:03According to the resolution, we strongly demand that the recently transferred judges be sent back to the relevant High Courts.
25:13We will challenge this decision on all legal and legal forms to protect the judicial freedom of Islamabad High Court.
25:20The Mullah Baradi demands that a full bench be set up on 16 judges to listen to all requests made in the Supreme Court to declare the 26th amendment as invalid.
25:31The Mullah Baradi believes that there should be no new statements in the Supreme Court until the decision on the 26th amendment has been made.
25:41We demand that the Judicial Commission hold a meeting on 10 February.
25:47We strongly demand that the senior-most judges in Islamabad High Court be appointed as Chief Justice so that merit and transparency can be ensured.
25:59Brother, with all due respect, I have heard that you are related to Azam Nazeer Tariq's group.
26:10You know who Azam Nazeer Tariq is, don't you?
26:13Yes, I know.
26:14He is not with you either.
26:16I will tell you.
26:17So, how did your movement succeed?
26:21Look, my request is that when you were in the previous Lawyers' Movement,
26:27friends thought that such a big movement will take place and there will be bloodshed.
26:34We have always had the role of a watchdog.
26:40I have always said that we have to sensitize people, we have to tell people,
26:45we have to tell people who are ignorant of the constitution and the law.
26:50This is our role.
26:51Now, the request is that what did we say?
26:54We said that the demands that were there when the 26th amendment was not passed,
27:00we did the convention before that, we said that these are the benefits that will come into the constitution and those benefits have come into the constitution.
27:06Now, our biggest demand here was that the 10th of February should be multiplied.
27:12And the Supreme Court today, all the judges should decide on the petitions pending.
27:25And if the judges decide that whatever amendments have been made,
27:30they are not against the spirit of the constitution, they are not against basic structural theory,
27:35then we will not have any issue.
27:38But now tell me that one can't be a judge of his own cause.
27:43Now, what is the government going to do?
27:45You see, you should see and read a few new walls.
27:49Whatever happened, we said that this will happen after the amendment,
27:52handpicked judges will come, some other people will control them.
27:56That is happening, we can see it.
27:57Why is your majority not understanding everything?
27:59I will tell you.
28:01You see, there are two branches at the national level.
28:04One branch is of Aswan Jahangir, of whom I have always been.
28:08But this is not the sole purpose that if I am in any one branch,
28:12I will endorse all its black and white work.
28:15We have never done that.
28:16I always believe that Bars are independent.
28:19I have a political party, I have been a political party for 50-55 years.
28:25But when I am in an office, when I represent a Bar,
28:29then Bars play the role of watchdog.
28:31Bars are not subservient to political parties.
28:33Bars are not subservient to parties and groups.
28:37If I think that these amendments are wrong,
28:40if I think that the transfer postings are on the basis of malafide,
28:44their bad policy is included in this.
28:46If a judge wants to sing a good song,
28:48and in 2-4-6-10 days you will find that judge,
28:50then call me, then I will tell you that I am not drunk when I am talking to you.
28:54But I am making a prediction.
28:55No, I will tell you the reason.
28:56The second thing is that you said that your movement,
29:00I have never believed that we will drown in bloodshed.
29:08We have to synthesize people.
29:10And political parties, look, leave Noon, leave the Peace Party.
29:14In history, this amendment, the 26th amendment,
29:17will be considered unanimously accepted.
29:20And our friends who tell us to do this and that, we are ready.
29:27Where were they when they had to vote in the Senate against this amendment?
29:31They would have voted.
29:32Where were they when they had to vote in the National Assembly against this amendment?
29:36You would have been 10, you would have been Peace.
29:38In history, it is written that this amendment was opposed.
29:42And after that, our friends are included in that committee.
29:45Our friends are included in the Judicial Commission.
29:48So, look, you are saying that we cannot have all the bars of Pakistan on one page.
29:53On one page, some people's beneficial…
29:57Your opinion will be revealed. What question do you want to ask?
29:59I want to talk about this.
30:00Look, they are saying that if the judge is brought from Lahore,
30:03then he will be made the Chief Justice of Islamabad High Court.
30:06And I am not a Peer, I will be seen in a few days.
30:08This is obvious.
30:09This is very clear.
30:11When you saw that the judges ganged up or formed their own union,
30:15then started writing joint letters once,
30:17then wrote a letter for the second time, a joint letter like this.
30:20The judge has to perform his functions according to the law.
30:27They don't have to form a union.
30:29And the first letter was written by the judge.
30:32That is an internal matter.
30:33The judges of the Supreme Court are writing in the Supreme Court.
30:37These judges are writing to the Chief Justice of the Supreme Court.
30:42They are writing to other judges of the Supreme Court, even to the President.
30:45And they are writing to other Chief Justices of the High Court.
30:48This is a judicial misconduct.
30:50They should be called in 209.
30:52I think they should be called.
30:53This is a judicial misconduct.
30:55This cannot be the judges' union.
30:57Judges work on a personal level and Mr. Abbas will not deny this.
31:01Mr. Chaudhary Gulamshan,
31:02obviously, the demand of Islamabad High Court is that
31:06the original 16 judges,
31:08the judges of the first Supreme Court from the 26th amendment,
31:12should form a full court bench and decide on the 26th amendment.
31:16Whatever the decision will be, we will accept it.
31:20But do you think this will be possible?
31:22Because a lot of water has come out from under the bridges.
31:26The 26th amendment has been around for a long time.
31:28How will all this be reversed, Mr. Chaudhary Gulamshan?
31:33I have seen such things many times.
31:35I have seen it being reversed.
31:37And Mr. Abbasi should be happy that
31:41all this has been done by Mr. Azam Nazeer Tariq and Mr. Bhoon.
31:47These are the people who have destroyed this country, this country's justice.
31:53And I am glad that Mr. Abbasi has given his independent opinion
31:58that there are some people in the world who
32:01speak on the voice of their conscience.
32:06Whatever is being done, there is no justification for it anywhere.
32:11And they will see that they will turn their backs.
32:14The people who have done this, they will not have any problem.
32:19And it means that they have always turned their backs on the law.
32:26So who will accept this?
32:28If the 26th amendment has been challenged,
32:33then take it up first.
32:35Mr. Abbasi is right.
32:37If the Supreme Court had endorsed it,
32:40then who would we be to stand in its way?
32:43No, we will not go there.
32:45We will go around.
32:46Bring the judge from there.
32:47Go from here.
32:48Bring him from there.
32:49They have made a scene.
32:51I had told you before,
32:54now you are waiting for a big thud.
32:57There is a big thud that is waiting for the country.
33:00What will happen as a result of that?
33:02Mr. Khawar knows that and his country.
33:04Mr. Abbasi, we have seen in the recent court history of Pakistan,
33:07there were PCO judges.
33:09I don't know how many there were.
33:10All of them had to be dismissed.
33:12So is this your understanding,
33:14or do you really think that after the 26th amendment,
33:17all the steps that have been taken,
33:18the judges are being inducted,
33:19the elevations are being made,
33:21and your demand is that 16 judges sit and make this decision.
33:24Do you see this happening?
33:27Because the way the scheme is moving forward,
33:30there is no corner from where you can get some cool air.
33:33Before leaving, tell me,
33:35you were talking to Mr. Tariq,
33:37he called you.
33:38Mr. Tariq, what did you do suddenly?
33:40Look, let me tell you,
33:43I have a personal relationship with Mr. Tariq.
33:45We did politics together.
33:47And whenever I meet him,
33:50I tell him,
33:51you didn't have this face.
33:52Our group didn't have this face.
33:54Asma Jahangir's group never had this face.
33:56We always talked about the rule of law.
33:58We always talked about the rule of law.
34:00Wherever there was a case on the constitution,
34:02wherever there was a compromise on the judiciary,
34:05we always came forward.
34:06Irrespective of...
34:07In Islamabad, my brother was saying,
34:09we are most disgusted with those judges.
34:11Personally.
34:12Against our lawyers,
34:13even today,
34:14there are ATAs.
34:15Against our lawyers,
34:16even today,
34:17references to the High Court are pending in our Bar Council.
34:19Contempt against them is still pending.
34:21Personally,
34:22if we had gone on that basis,
34:23we would never have stood with them.
34:25But this is not a matter of individuals.
34:27This is not a matter of individuals.
34:28This is a matter of the entire system.
34:31Our Supreme Court has been in existence for 70 years.
34:34For 70 years...
34:35You tell me,
34:36you are three judges.
34:37You are senior judges.
34:38The scheme that is in place.
34:40Who will decide
34:42that we should decide against the government?
34:45Who would want to upset Prime Minister of Pakistan?
34:48Who would want to upset our establishment?
34:51So,
34:52the effects of this
34:54are very bad.
34:55We have told our friends
34:56that
34:57we have told them
34:58that
34:59this was not our intention.
35:00What is the effect?
35:01Let me tell you one thing.
35:02The effect is that
35:04when we say
35:06that
35:07the 18th or 19th bench
35:09should listen to him.
35:10They should listen to his words.
35:11They should listen to his intent.
35:12What if they don't listen?
35:13If they don't listen...
35:14Look,
35:15these are eight judges.
35:17They are the beneficiary.
35:18I can't judge my own benefit.
35:21When I have my own case,
35:22I say that I will decide.
35:23What is my decision?
35:24My decision is that
35:25the eight judges that you are going to induct,
35:27I am not the peer.
35:28They will also be inducted.
35:29If I am the peer,
35:31you will say that
35:32why is there a ruckus?
35:33Either I have some knowledge
35:35that I will say that
35:36these eight judges will be inducted.
35:37Mr. Dhokla will also be inducted.
35:39Sir, is this a scheme
35:40or will they be inducted?
35:41There is a slight difference.
35:42The elevation will be from the High Court.
35:44The judges of the ordinary Constitutional Court
35:46will go to the Supreme Court.
35:48And the second thing that I want to say is that
35:50the judges of the Constitutional Court
35:52are judges.
35:53They are the same kind of legal judges
35:55as the judges of the Istanbul High Court.
35:57They have also taken the decision
35:58according to the law and order.
36:00If they are fit to be judges
36:03to decide the cases of the common people,
36:06whether the judge is right or not,
36:08if he is right in the High Court in Lahore,
36:10then he cannot be wrong in Istanbul.
36:12If he is wrong in Istanbul,
36:13then he cannot be right in Lahore.
36:15So the basic thing is
36:16whether he is a judge or not.
36:18Do you object to being a judge or not?
36:20I will tell you.
36:21What we have said is that
36:23the constitution of the Judicial Commission
36:26has been tilted towards the executive.
36:28Now, the executive can elevate
36:30whoever he wants.
36:32Now, what will happen is that
36:34people will be eight,
36:36whether they are judges or not.
36:37Now, from there, it will not be that
36:39the senior most will take eight,
36:40or one court will take the senior most.
36:42Either you say that you will
36:44take people indiscriminately.
36:46You will take the first number,
36:48you will take the second number,
36:50you will take the third number,
36:52you will take the fourth number.
36:54And from here, you will give a pool
36:56to the Supreme Court.
36:57And then you will say that
36:58we have accepted the decision of the Bar,
37:00we have made a full court,
37:01there are eight judges,
37:02out of the sixteen judges.
37:03Look, you can talk to the common people.
37:06We know the law, we know the constitution.
37:10You can tell me that
37:11because it is present in the law,
37:13because it is present in the constitution,
37:15that wherever there will be discretion,
37:18in this basic legal system,
37:21if you give discretion to someone,
37:23he will misuse it.
37:24And this will happen,
37:25that eight judges will come,
37:27who are our establishment,
37:30our establishment.
37:31Look, let me tell you,
37:33he did not come alone,
37:34Sardar Asim Sahib also came.
37:36But that intent,
37:37I told you that
37:38the intent at that time
37:39was not what it is today.
37:40His seniority,
37:41that day he took a new oath,
37:43he went to the other High Court,
37:44what happened at that time.
37:46He took a new oath,
37:47but this is provided,
37:49this is provided.
37:50He took a new oath,
37:51he took a new oath,
37:52he took a new oath,
37:53he took a new oath,
37:54he took a new oath,
37:55he took a new oath,
37:56he took a new oath,
37:57he took a new oath,
37:58he took a new oath,
37:59he took a new oath,
38:00he took a new oath,
38:01he took a new oath,
38:02he took a new oath,
38:03he took a new oath,
38:04he took a new oath,
38:05he took a new oath,
38:06he took a new oath,
38:07he took a new oath,
38:08he took a new oath,
38:09he took a new oath,
38:10he took a new oath,
38:11he took a new oath,
38:12he took a new oath,
38:13he took a new oath,
38:14he took a new oath,
38:15he took a new oath,
38:16he took a new oath,
38:17he took a new oath,
38:18he took a new oath,
38:19he took a new oath,
38:20he took a new oath,
38:21he took a new oath,
38:22he took a new oath,
38:23he took a new oath,
38:24he took a new oath,
38:25he took a new oath,
38:26he took a new oath,
38:27he took a new oath,
38:28he took a new oath,
38:29he took a new oath,
38:30he took a new oath,
38:31he took a new oath,
38:32he took a new oath,
38:33he took a new oath,
38:34he took a new oath,
38:35he took a new oath,
38:36he took a new oath,
38:37he took a new oath,
38:38he took a new oath,
38:39The discussion is over.
38:40The discussion is over.
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44:50The discussion is over.
44:51The discussion is over.
44:52The discussion is over.
44:53The discussion is over.
44:54The discussion is over.
44:55The discussion is over.