"New CJP of SC will reject this verdict", Legal Expert Irfan Qadir breaks big news

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"New CJP of SC will reject this verdict", Legal Expert Irfan Qadir breaks big news
Transcript
00:00 to ignore this order. Earlier, they ignored the order regarding the election because there was controversy regarding the bench. They want to ignore this order too.
00:08 So, I think after this, the Supreme Court's own legitimacy, its own struggle to get its decisions approved is separate.
00:15 They have gone on a slippery slope. Today, this Chief Justice is there. Tomorrow, there will be another Chief Justice.
00:21 It is the government of that time. The setup of that time says that they will ignore this order.
00:25 So, it is okay. This is an imbalance of power overall.
00:30 Look, this is a very strange thing that you say that the order of the Supreme Court,
00:40 I do not agree with it. I think this is a wrong order. That is why I do not agree.
00:46 If this becomes the precedent and the governments start doing this,
00:51 then you can put aside the constitution and close the Supreme Court.
00:56 And those who have the power of a government can continue to run it.
01:01 The people will continue to be oppressed. This cannot happen in a country.
01:05 There is no permission in the Parliament, nor in the constitution, nor in the civil society.
01:13 Neither you will accept it nor I will accept it. So, this is a wish that we do not implement.
01:19 But look, what is the issue? There is a need to understand the issue.
01:23 The issue is that the constitution says that when the Supreme Court of Pakistan gives a judgment
01:30 under Article 184(3), then you can only file a review against it.
01:36 You cannot file an appeal against it. This is what the constitution says.
01:41 Now, if you want to change it, you say that no, we will change the review
01:47 and instead of a review, we will say that you have the power to appeal.
01:52 So, you have the full right to do it. The Parliament is supreme.
01:56 But it is written in the constitution that you have to make a constitutional amendment.
02:01 Then you have to change the constitution. If the constitution says that an appeal cannot be made
02:05 and you want to file an appeal, then you have to amend it.
02:08 Our constitution was of 1956, our constitution was of 1962, and our constitution was of 1973.
02:16 All three of them say that only a review can be made and not an appeal.
02:21 Till today, the Parliament has not changed it.
02:24 The Parliament had a two-third majority, and many governments did not amend the constitution.
02:30 But what happened was that a judgment came from the Supreme Court,
02:35 and in the judgment it was said that you have to have the elections done in 90 days.
02:39 When a review was filed against it, since the review is very limited,
02:45 the government saw that this review would be dismissed.
02:49 The government quickly made a bill of one page and said that we will give the power of appeal.
02:57 When this matter came to the Senate, no one had even read the law yet,
03:03 so it was said to the chairman, the government minister, that you pass it.
03:10 I said that the parliamentary way is that there should be a debate on this,
03:16 and I want to tell all the senators that this amendment is coming,
03:22 it can be amended through the amendment of the constitution.
03:26 It is a very good thing to appeal, but the method is through the amendment of the constitution.
03:32 You do not pass this bill, you debate it.
03:35 If you pass it, then in 15 days the Supreme Court will declare this law as illegal.
03:40 Because the parliament is also prohibited by the constitution, and the Supreme Court is also prohibited by the constitution.
03:45 But my opinion was not accepted, and after that when this debate took place in the Supreme Court,
03:50 I said that the method used is wrong.
03:56 The Supreme Court has accepted that and has decided that if any government wants to appeal,
04:03 it can give an amendment.
04:05 Now let me tell you the second reason for this.
04:08 There was another malefied reason for passing this law, which was bulldozed quickly.
04:14 And that was that some people, Mr. Nawaz Sharif is also included in it,
04:19 because the Supreme Court had declared them as unqualified,
04:23 so one was also tried to give the right that those people against whom the appeal,
04:29 the review has been dismissed, they also have a right to appeal.
04:34 But Ali Zafar, the way you have put it, today Azam Tariq Sahib said,
04:38 if I can take Irfan Qadir Sahib's point of view, that by passing this law,
04:43 the disqualification of Nawaz Sharif, Jahangir Tareen and other political leaders will not affect the appeal.
04:50 In the election act, their punishment has already been done for 5 years and it has been relapsed.
04:57 So Irfan Qadir Sahib, after this decision, the first reaction or the first thought was that
05:02 there will be a difference on the punishment of Nawaz Sharif.
05:04 Will it be? Will he also be given the right to appeal?
05:07 No, there will be no difference on him because the name of Nawaz Sharif was Ali,
05:14 that is now finished, that is not an issue.
05:17 Now the second issue is that the case, the Panama case,
05:22 which was called, the convictions were made, in that, without this law,
05:28 Maryam Sahiba has been acquitted and the same facts have been applied to Mian Sahib,
05:33 which are not at all jurisdictional facts, so that corruption can be proved of any kind.
05:39 And in Tareen Sahib's case, this is also applied, logically.
05:42 Jahangir Tareen is exactly the same case, so there will be no difference on his faith in this law,
05:49 but in any case, the Supreme Court has tried,
05:53 first of all, I don't think that the Supreme Court has legally constituted it.
06:00 The first thing is that in the case of military courts,
06:04 Justice Faiz Isa and Justice Tariq Masood have said that
06:07 when you make benches of your own free will, it will be illegal
06:12 because the law says that the first three senior judges will do it
06:16 and that has not been decided, that matter is pending and it has been decided here.
06:22 So all these things, these three judges of the Supreme Court,
06:26 they have brought themselves in a closed lane.
06:31 So sir, what will happen now? Now this decision has come forward, what will happen?
06:34 Will the next parliament come and do its legislation in this regard?
06:39 Or you, the correctional measures or whatever has changed in it, let's see through the next tenure of the current Supreme Court.
06:46 The next tenure of the current Supreme Court will rectify all these mistakes
06:52 because these three judges have done political engineering.
06:55 These three judges, it has been said that their decisions were coming and going on one side
07:04 and these decisions were on the same political side.
07:10 We have with us Mr. Shah Mehmood Qureshi,
07:12 he says that the change that will come as a result of this case
07:15 will come from the next tenure of the Supreme Court, i.e. the new Chief Justice.
07:19 Whereas Saad Rafiq and other political figures think that the next parliament will come and re-think this whole matter.
07:27 We will go on break, when we come back, Mr. Shah Mehmood Qureshi will be with us on the telephone line.
07:30 We will talk to him about Pakistan's justice system, the way forward of decision-making,
07:34 the election campaign, there are many questions, we will try to get answers from him.

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