Appointment of 6 judges in the Supreme Court.. Former Attorney General Ashtar Ausaf's legal analysis
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00:00Please explain this to them. Again, I want to be very technical about this.
00:04It is absolutely right that it is difficult to pinpoint the lovers of the constitution
00:09according to Mr. Daniyal's Jamaat.
00:12Please tell us where is the illegitimacy of the constitution?
00:14And if it is not there, then the matter is over.
00:16Okay, let's put aside the debate on the illegitimacy of the constitution.
00:18Let's talk about the intent.
00:19Of course, there will be a question of whether the intent has been examined in the heart.
00:22But sir, there are some circumstances and evidences, for example,
00:27Now, if they say that it is very important to provide justice immediately,
00:31and there were fewer judges, that's why we filed it immediately.
00:33So, the previous action of removing people from different high courts
00:36and bringing them to Islamabad High Court,
00:38there is a lot of backlog of cases in the relevant high courts
00:41and there is also a lack of judges.
00:42The judges were not completed there.
00:43Islamabad High Court immediately appointed them.
00:45Because it is possible that a political case will be filed here
00:48and the decision against a leader will be reviewed.
00:51So, don't we have enough reasons to believe that there is some problem in this?
00:55Even if the legal proceedings are going well,
00:57there is something else going on, Mr. Ashtar.
01:02Speaking for myself,
01:03I am a lawyer and I have always been very vocal about this.
01:09When I got the opportunity,
01:11I have said that no court should have any vacancy.
01:17Whether it is a civil court or a district court,
01:20whether it is a high court or a supreme court.
01:24Even a court should not have any vacancy.
01:27You just have time because you know when someone will retire.
01:33For that, you prepare in advance,
01:36you identify and bring people.
01:40The second thing is that whether it is a high court or a supreme court judge,
01:45their decision should not be based on headlines.
01:51This should be a work in progress.
01:54But unfortunately, everything in our country,
01:58whether it is the appointment of an army chief,
02:00whether it is the appointment of a high court judge,
02:03whether it is the appointment of a chief justice,
02:05everything is made controversial.
02:08Everything is...
02:09Here, the discussion is between the three of us and you.
02:12We are three lawyers.
02:13And Mr. Baghdami,
02:15here we should talk about CRPC, PPC,
02:19banking laws, how to bring reforms in them.
02:23How many judges do we need?
02:25How many district judges are needed?
02:28How to do everything?
02:30And there should be evening courts.
02:33All these things are there.
02:35So, all these things are...
02:38Sir, but there are many reasons for which headlines are made.
02:42If you say, I will tell you the reasons.
02:44I know.
02:45How many parliamentarians don't know what the content of 26th is.
02:51There are many reasons.
02:53There is a lot going on.
02:56Now, look at the second thing.
02:59The second thing is equally important.
03:02And what is that?
03:03What is the role of judges in this?
03:06And what is the role of lawyers?
03:08The role of lawyers is to represent litigants.
03:12And what is the role of judges?
03:14To listen to the litigants and decide their cases.
03:18But what is happening?
03:20What is happening is that the litigants are getting angry.
03:23Tell me, which litigant will have confidence in the court?
03:28When fights start inside the court.
03:31When the lines of the letters start.
03:34When it is said that this should not work, that should not work.
03:37I have seen for the first time that this protest is taking place.
03:40That judges should not be appointed.
03:43It should be that you protest.
03:46Why are judges not being appointed?
03:49And why is there such a low budget in your justice delivery system?
03:55It should be that you spend more money on health, education and justice delivery system.
04:04There is no such obligation here.
04:05Many things seem to have no effect on achieving a target.
04:10If Iftikhar Chaudhary is removed, then there should not be a discussion about it.
04:13That someone had the authority to remove him.
04:15The Chief Justice should not be referred to.
04:17There should not be a discussion about it.
04:18That a judge has the authority to refer him to the government.
04:21He was sent away. What happened in this?
04:22It's okay, but it's fine.
04:23But if all these things become part of the discussion.
04:26And become part of the political debate.
04:28Then it seems that someone is trying to achieve another move by making one move.
04:33For example, if the Prime Minister at that time was on record.
04:36That yes, the establishment at that time had asked me to remove Faheji sir.
04:38So I did it.
04:39So these things open up later.
04:41So wasn't the Prime Minister so helpless?
04:46That he came on someone's behalf and had to do this.
04:52This is part of.
04:54Look.
04:54So my point is that this is not so simple.
04:58Why is there a discussion about it?
05:01This should not even be a part of the discussion.
05:03Let me tell you.
05:05No, no.
05:05I'm not saying that this should not be a part of the discussion.
05:09We should talk about these things.
05:11But is this the only thing that we ought to discuss?
05:18And why are these things happening?
05:20These are happening because it is targeting your entire system.
05:27It is being told to everyone that in your country,
05:31no institution is running properly.
05:35And everything is becoming a cause of corruption.
05:38Now let me tell you, there is a solution to this.
05:42What is the solution?
05:44You tell the parliamentarians that your work is only legislation.
05:51Let the executive matters remain as they are.
05:55The work of development should not become your responsibility.
05:59And the judiciary should make decisions on people's cases,
06:04and not intermingle in executive functions or legislative functions.
06:11And why don't we do judicial systems?
06:14Why don't we talk about competitive ways of judging judges?
06:19Why don't we look in that direction and move in that direction?
06:23You have seen how much polarization there is.
06:26And who is at a loss from this?
06:28The country.