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