#BakhabarSavera #CJP #NaveedAshraf
-CJP Isa hints at concluding hearing on law clipping CJP’s powers today
-Vice Admiral Naveed Ashraf appointed new Naval chief
-Punjab decides to tackle miscreants with iron hands
-Nawabshah: Mother of 11 marries father of 9 children in Jhol
-CJP Isa hints at concluding hearing on law clipping CJP’s powers today
-Vice Admiral Naveed Ashraf appointed new Naval chief
-Punjab decides to tackle miscreants with iron hands
-Nawabshah: Mother of 11 marries father of 9 children in Jhol
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NewsTranscript
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00:00:48 - You are not looking well.
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00:01:45 - That is not up to the task.
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00:01:48 - At least they are trying.
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00:02:48 - Unfortunate, unfortunate.
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00:03:02 - Top stories.
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00:05:06 - Good question.
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00:07:09 (speaking in foreign language)
00:07:13 (speaking in foreign language)
00:07:30 (speaking in foreign language)
00:07:34 - A phone call is always better than the text messages.
00:07:55 Because you can't always show emotion
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00:09:11 (speaking in foreign language)
00:09:15 (speaking in foreign language)
00:09:19 - Let's see and you can always relax
00:09:43 and you can also see that.
00:09:45 (speaking in foreign language)
00:09:49 - It's very, (speaking in foreign language)
00:10:00 huge responsibility.
00:10:01 (speaking in foreign language)
00:10:05 (speaking in foreign language)
00:10:09 - One shouldn't always criticize on these things.
00:10:25 (speaking in foreign language)
00:10:29 (speaking in foreign language)
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00:10:37 - It's debatable.
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00:12:04 - Naseem Shah is out.
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00:12:32 - He was struggling.
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00:12:42 - The teams play spinners well.
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00:17:49 (speaking in foreign language)
00:17:53 (speaking in foreign language)
00:17:57 (speaking in foreign language)
00:18:24 - With my help of my two grandsons,
00:18:28 I was able to--
00:18:29 (speaking in foreign language)
00:18:33 - I was asked 20 questions.
00:18:44 I have replied them.
00:18:45 I replied them in writing.
00:18:47 If the Tunisians are going to reply to them,
00:18:50 then I reserve my right to reply to them.
00:18:52 (speaking in foreign language)
00:18:55 And I have done that in my CMA 8252 of 2023.
00:19:00 (speaking in foreign language)
00:19:04 (speaking in foreign language)
00:19:11 (speaking in foreign language)
00:19:22 (speaking in foreign language)
00:19:27 I have challenged the Supreme Court
00:19:30 Practice and Procedure Act.
00:19:32 (speaking in foreign language)
00:19:36 (speaking in foreign language)
00:19:40 (speaking in foreign language)
00:19:44 - My Lord, I have to argue if Attorney General
00:20:06 may be requested to argue after all the petitioners
00:20:09 have argued their point of view, I think.
00:20:12 Then we can--
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00:20:13 My Lord, I am for 19.
00:20:14 My Lord, I was not here last time I was abroad, so.
00:20:17 (speaking in foreign language)
00:20:18 No, my Lord, actually, I was already traveling.
00:20:20 It was fixed on a Saturday, so my Lord.
00:20:22 (speaking in foreign language)
00:20:23 My Lord, it's a petition, sir.
00:20:25 (speaking in foreign language)
00:20:28 My Lord, he's a lawyer, my Lord, he's a petitioner.
00:20:29 (speaking in foreign language)
00:20:31 My Lord, today he has, my Lord, called to Peshawar.
00:20:33 He has a case in Peshawar.
00:20:34 (speaking in foreign language)
00:20:38 My Lord, because this was fixed on--
00:20:42 (speaking in foreign language)
00:20:43 My Lord, there may be, with your Lordship's discretion,
00:20:45 half an hour to 30 minutes to 60 minutes, my Lord.
00:20:47 Very, very brief.
00:20:48 (speaking in foreign language)
00:20:52 My Lord, I would--
00:20:53 (speaking in foreign language)
00:20:54 My Lord, I have the same petition.
00:20:57 I have a petition number 33.
00:20:59 (speaking in foreign language)
00:21:03 My Lord, if I'm allowed to argue first, my Lord.
00:21:05 (speaking in foreign language)
00:21:07 (speaking in foreign language)
00:21:11 CP20, my Lord.
00:21:36 CP?
00:21:37 20.
00:21:38 20.
00:21:39 I've already filed a concise statement, my Lord.
00:21:52 And.
00:21:53 (speaking in foreign language)
00:21:56 I have a concise statement.
00:21:57 20.
00:21:58 (speaking in foreign language)
00:22:02 8.
00:22:03 Concise statement is 8279, my Lord.
00:22:09 CP20.
00:22:16 (speaking in foreign language)
00:22:21 Yeah?
00:22:29 (speaking in foreign language)
00:22:31 (speaking in foreign language)
00:22:33 My Lord, if I'm permitted.
00:22:34 My Lord, if I may.
00:22:36 Please.
00:22:37 (speaking in foreign language)
00:22:38 My Lord, I'll just be
00:22:40 reading
00:22:44 Act 17, my Lord.
00:22:49 Before I
00:22:53 commit my--
00:22:57 (speaking in foreign language)
00:23:01 (speaking in foreign language)
00:23:05 (speaking in foreign language)
00:23:09 Article 191 of the Constitution provides
00:23:32 that subject to the Constitution and law,
00:23:35 the Supreme Court may make rules regulating
00:23:38 the practices and procedure of the Supreme Court.
00:23:40 There are Article 10A of the Constitution,
00:23:44 mandated right to fair trial and due process.
00:23:48 Article 4 of the Constitution guarantees
00:23:52 treatment in accordance with law.
00:23:54 And Article 25 of the Constitution
00:23:56 prohibits discriminatory treatment
00:24:00 and right of appeal is a universal,
00:24:02 fundamental principle of jurisprudence.
00:24:04 (speaking in foreign language)
00:24:07 And
00:24:07 Islam guarantees right to appeal, therefore,
00:24:11 pursuant of Article 175 to read with Article 191
00:24:18 of the Constitution,
00:24:19 the law is being enacted.
00:24:23 And whereas it is exigent to make law providing
00:24:25 for certain practices and procedures of the Supreme Court.
00:24:29 My respect to submission, the submission is,
00:24:32 this para, as a matter of fact,
00:24:34 indicates that this law is being enacted
00:24:39 for a certain purpose,
00:24:41 maybe for specific purpose,
00:24:44 and I may say, person-specific, purpose-specific,
00:24:48 and maybe time-specific, as the law.
00:24:51 Very respectfully, if I'm permitted--
00:24:54 - You are implying words in it, or does it say so?
00:24:58 - Word, it says so, it means it.
00:25:01 - Where it is says so, it's for a person.
00:25:04 - No.
00:25:05 - Let's not impose words in a statute which don't exist.
00:25:08 If that is your impression, say, that is my impression.
00:25:11 - That is my impression.
00:25:12 - So if the law doesn't say this.
00:25:14 - So,
00:25:16 all the sections which are part of this Act,
00:25:21 17 of 2023,
00:25:26 I would go to
00:25:28 section three.
00:25:29 "Any matter invoking exercise of original jurisdiction
00:25:36 "under Article 184(3) of the Constitution
00:25:40 "shall be first placed before the committee
00:25:43 "constituted under section two for examination,
00:25:46 "and if the committee of the opinion
00:25:48 "that a question of public importance
00:25:51 "with reference to enforcement
00:25:53 "of any of the fundamental rights
00:25:54 "conferred by chapter one, part two
00:25:56 "of the Constitution is involved,
00:25:58 "it shall constitute a bench
00:26:00 "of not less than three judges
00:26:03 "of the Supreme Court of Pakistan,
00:26:06 "which may also include the members of the committee
00:26:09 "for adjudication of the matter."
00:26:11 Regarding this section three,
00:26:15 my submission is,
00:26:17 basically,
00:26:18 the legal authority
00:26:24 of already being part of the 1980s
00:26:28 Supreme Court rules,
00:26:31 this section, as a matter of fact,
00:26:33 has been introduced by the Parliament,
00:26:37 and I will respectfully say
00:26:39 this is an encroachment on the area
00:26:43 which falls within the jurisdiction,
00:26:46 within the legal framework, I must say.
00:26:51 So this is being in conflict
00:26:55 with the separation of part three.
00:26:58 My submission is,
00:27:01 this conflicts,
00:27:02 and this is ultra-violence, my Lord.
00:27:05 So far as this section three is concerned, my Lord.
00:27:08 My Lord, then,
00:27:10 regarding appeal,
00:27:14 section five, I'll read.
00:27:15 "An appeal shall lie within 30 days
00:27:19 "from the order of the bench,
00:27:21 "exercising jurisdiction
00:27:23 "under clause three of Article 184 of the Constitution
00:27:26 "to a larger bench of the Supreme Court.
00:27:28 "Such appeal shall be within a period
00:27:30 "not exceeding 14 days to be fixed for hearing.
00:27:35 "The right of appeal under subsection one
00:27:37 "shall also be available to an aggrieved person
00:27:40 "against whom an order has been made
00:27:43 "under clause three of 184 of the Constitution
00:27:46 "prior to the commencement of the act.
00:27:50 "The right of appeal under subsection shall be filed
00:27:54 "within 30 days of the commencement of the act."
00:27:58 This appeal has been provided
00:28:01 in Article 184.3.
00:28:04 My submission is,
00:28:06 this would have been done only
00:28:09 if the Parliament had two-third majority,
00:28:12 so this falls within the area of constitutional,
00:28:17 I must say, competence of the legislature.
00:28:20 So this is ultra-vile is the Constitution
00:28:23 so whereas Section 5 is concerned,
00:28:25 until and unless there is two-third majority
00:28:28 in the Parliament,
00:28:30 this addition in 184.3
00:28:33 would not be done,
00:28:36 and therefore this is
00:28:37 against the separation theory
00:28:41 as well as against
00:28:42 the
00:28:44 Article 39 of the Constitution,
00:28:49 wherein two-third majority is a constitutional requirement
00:28:53 for amendment in the Constitution.
00:28:56 This encroaches upon the area I have just referred to.
00:29:00 Regarding Sixth Marauder,
00:29:03 I will just submit that the Council which,
00:29:06 this is regarding review,
00:29:08 the Council who would be conducting a case
00:29:10 before the Honorable Court
00:29:13 would be suitable for the purposes of arguing the case
00:29:18 while review is filed by a party.
00:29:20 Marauder,
00:29:22 overriding of all laws,
00:29:28 Section 8 I would read.
00:29:30 The provision of this Act shall have effect
00:29:34 notwithstanding anything contained in any other law,
00:29:39 rules, or regulations of the time,
00:29:41 for the time being,
00:29:42 in full or judgment of the Court,
00:29:44 including the Supreme Court and the High Court.
00:29:48 Lord, my submission is
00:29:49 the provision has
00:29:53 bulldozed the independence of judiciary concept provided,
00:29:59 and it has been established by law, Constitution,
00:30:03 as well as the precedent of this Honorable Court.
00:30:08 So my submission is
00:30:09 the total effort
00:30:11 by enacting this law,
00:30:15 which I am just referring to,
00:30:17 effort has been made
00:30:19 to enter into the area
00:30:21 which is not within the domain
00:30:24 of the Parliament Marauder.
00:30:26 One thing I would be very respectfully submitting,
00:30:28 that in Parliamentary system,
00:30:31 as a matter of fact,
00:30:32 Parliament and the Executive,
00:30:34 they are the one.
00:30:36 I must say,
00:30:38 they are the same phenomena in the Constitution.
00:30:42 They have a nexus amongst themselves.
00:30:45 So therefore, I would say,
00:30:47 and this is main,
00:30:48 so I'll be just reading a line from my paper book,
00:30:53 the condition which was prevailing at the time
00:30:57 when this Act was being,
00:30:58 whether it was discussed,
00:31:01 it is a question again,
00:31:03 but when it was being passed by the Parliament,
00:31:06 certain observations which have been reported in the press,
00:31:11 that is very relevant for the purpose of understanding
00:31:14 how this election was done and passed
00:31:18 by the truncated Parliament,
00:31:21 I must say,
00:31:22 because it was not a Parliament,
00:31:24 indeed, which had to go into the amendment
00:31:27 of the Constitution.
00:31:28 They had no authority to do so.
00:31:31 I might just be alone for a minute.
00:31:34 Constitution Petition 20,
00:31:38 and page, my Lord,
00:31:39 I just read it for your,
00:31:42 my Lord.
00:31:43 - Are you finding,
00:31:46 are you finding basing your arguments
00:31:49 on the basis of news reports in the Constitutional Court
00:31:53 or the full court?
00:31:54 - We don't have the-
00:31:56 - You can't articulate the same thing yourself?
00:31:59 As a senior counsel,
00:32:00 you have to rely on a news item,
00:32:03 which may or may not be true.
00:32:05 - My Lord,
00:32:06 very respectfully submitted.
00:32:09 We don't have the record of the proceedings
00:32:12 of the Parliament, my Lord.
00:32:14 The question arose in certain proceedings
00:32:16 before this Honorable Court in another case.
00:32:19 And I think we submitted in-
00:32:21 - One second.
00:32:22 - On the last day of-
00:32:23 - Please don't travel outside the domain of this Court.
00:32:26 If you wanted something,
00:32:27 the record of the Parliament,
00:32:28 did you write to the Speaker?
00:32:30 Whether he would allow your request or not
00:32:33 is a separate thing.
00:32:34 - My Lord, it's not me-
00:32:35 - Did you write to the Speaker?
00:32:36 - No, my Lord, it's not me.
00:32:38 As a matter of fact,
00:32:39 we requested your Lordships to-
00:32:42 - I'm asking you a simple question.
00:32:43 You didn't write to the Speaker?
00:32:45 - My Lord, we are a separate constitutional body.
00:32:48 Parliament is a separate constitutional body.
00:32:51 If you want some information from the Supreme Court,
00:32:54 for instance, would you write to the National-
00:32:57 - Because you would write to the registrar of this Court.
00:33:00 Similarly, if you want some information
00:33:01 from the Supreme Court, Parliament,
00:33:04 whether they give it or not would be a separate matter.
00:33:06 Freedom of Information Act 19A
00:33:09 has now become part of the Constitution.
00:33:11 If you don't bother to say a veil of this opportunity,
00:33:14 please don't take this ground before us.
00:33:17 Because it's a hollow ground.
00:33:19 You haven't built on the ground yet.
00:33:21 - Certain records,
00:33:23 which are publicly available,
00:33:26 and there is no reason to doubt them.
00:33:30 So I think at times we have been referring
00:33:33 these some of the news items
00:33:36 for the purposes of understanding
00:33:38 as to how certain acts
00:33:41 or certain legal proceedings were taken.
00:33:43 - My Lord, just, please, we will hear you,
00:33:47 but we will not hear arguments of this nature.
00:33:51 When you say, "I will not write a simple letter
00:33:54 "and I will take up the time of the entire Supreme Court
00:33:57 "to articulate a proposition which has no factual basis."
00:34:01 - One thing I must say- - So please argue your own case.
00:34:04 Forget what the newspapers say.
00:34:06 You argue your case.
00:34:07 - My Lord, this is not my case.
00:34:09 This is not the individual's case.
00:34:11 This is case of the whole nation, as a matter of fact,
00:34:13 which is before your Lordship.
00:34:15 So therefore, certain items-
00:34:17 - Please, again, you have assumed yourself.
00:34:20 (speaking in foreign language)
00:34:22 You have assumed yourself
00:34:24 the representative of the nation.
00:34:26 Sorry, you are not.
00:34:27 You are a petitioner before us.
00:34:28 Argue your case.
00:34:29 We don't assume to speak for the nation,
00:34:32 nor can you speak for the nation.
00:34:34 - My Lord, 184, three proceedings, as a matter of fact,
00:34:38 are meant for two important things.
00:34:41 One, matter of public importance,
00:34:44 and then breach of fundamental rights
00:34:47 that matter and its enforcement.
00:34:49 So this is, I must say, this is relevant in any case.
00:34:53 At power, if you just permit me just one line,
00:34:57 because it's very relevant.
00:34:59 Ex-Prime Minister wants National Assembly to summon CGPA,
00:35:03 Chief Justice of Pakistan.
00:35:05 I must say, very respectfully, this-
00:35:08 - Please do not say anything.
00:35:11 That list is not before us.
00:35:13 And you've not made the person a party.
00:35:15 You cannot make allegations against somebody
00:35:17 without making him a party or her a party.
00:35:20 Please, we will not permit this.
00:35:22 - Right, my Lord.
00:35:22 - You can't make a, use this forum for a political debate.
00:35:26 The media is available to you.
00:35:27 You can go and give a talk on the media.
00:35:31 - My Lord, I am before you, Lordship,
00:35:33 on law and constitution.
00:35:35 So therefore, my respectful submission is,
00:35:38 certain relevant facts, which are admitted
00:35:43 and publicly known, they are relevant
00:35:45 because the proceedings-
00:35:47 - Please tell us what are those.
00:35:49 - (speaking in foreign language)
00:35:53 Now, your Lordship may permit me.
00:35:55 We had an assembly of a lot of people
00:35:59 right out on the Constitution Avenue.
00:36:02 This is a background, my Lord,
00:36:04 in which this election was being passed by the assembly.
00:36:07 And they had encroached upon the area,
00:36:09 which is with the assembly of your Lordship,
00:36:11 that is the judiciary.
00:36:13 So that is why-
00:36:14 - (speaking in foreign language)
00:36:18 - (speaking in foreign language)
00:36:28 (speaking in foreign language)
00:36:32 (speaking in foreign language)
00:36:36 (speaking in foreign language)
00:36:40 (speaking in foreign language)
00:36:45 (speaking in foreign language)
00:36:49 (speaking in foreign language)
00:36:53 (speaking in foreign language)
00:36:57 So we question this enactment on that basis.
00:37:20 Maintainability definitely is there
00:37:23 because it's a matter of public importance
00:37:25 relating to the fundamental rights.
00:37:27 Regarding the bill, my Lord, there was
00:37:31 a question as to whether a bill could have been
00:37:37 brought before this Honorable Court
00:37:39 for the purposes of adjudication under Article 184(3).
00:37:44 At the time, it was not the act passed by the Parliament.
00:37:50 I'll be just referring to Hizba Bill,
00:37:53 which was PLD 2005 Supreme Court 873.
00:37:58 Elaborate, my Lord, this bill has been discussed-
00:38:03 - Chaudhary Sahib, if I may interject at this juncture.
00:38:09 - (speaking in foreign language)
00:38:13 (speaking in foreign language)
00:38:17 (speaking in foreign language)
00:38:21 (speaking in foreign language)
00:38:26 (speaking in foreign language)
00:38:31 (speaking in foreign language)
00:38:35 - Water is flown on the bridge.
00:38:41 (speaking in foreign language)
00:38:45 (speaking in foreign language)
00:38:49 (speaking in foreign language)
00:38:53 (speaking in foreign language)
00:38:57 (speaking in foreign language)
00:39:00 (speaking in foreign language)
00:39:28 (speaking in foreign language)
00:39:32 - The area which is within the jurisdiction
00:39:56 of this Honorable Court.
00:39:58 (speaking in foreign language)
00:40:02 This enactment, I would say that
00:40:10 totally denies the Constitution itself.
00:40:14 Very respectfully, I'll submit.
00:40:16 Because when one of the state,
00:40:21 that is out of the three,
00:40:23 the Executive, Parliament, and the Judiciary.
00:40:26 When the Judiciary is being somehow,
00:40:30 as I said, very respectfully,
00:40:33 when it will be bulldozed by enactment,
00:40:35 which is on record on the statute book at the moment,
00:40:39 I must say the very law would be wide and unconstitutional.
00:40:44 And the Judiciary would have jurisdiction
00:40:50 to look into its constitutionality.
00:40:53 Because at times it is sent.
00:40:56 And certain objections are raised
00:40:58 that the constitutional amendments
00:41:03 may be not agitatable
00:41:09 before the Honorable Supreme Court.
00:41:11 My submission is definitely,
00:41:13 when there is a wide law,
00:41:16 unconstitutional very fundamentally,
00:41:20 it will be within the authority of this Honorable Court
00:41:26 to look into it and to declare ultra-violence or otherwise.
00:41:30 So I'll be just for your...
00:41:33 (speaking in foreign language)
00:41:39 (speaking in foreign language)
00:41:43 - Constitutional amendment.
00:41:45 (speaking in foreign language)
00:41:49 (speaking in foreign language)
00:41:53 (speaking in foreign language)
00:41:57 (speaking in foreign language)
00:42:01 (speaking in foreign language)
00:42:05 (speaking in foreign language)
00:42:09 (speaking in foreign language)
00:42:13 (speaking in foreign language)
00:42:17 (speaking in foreign language)
00:42:21 (speaking in foreign language)
00:42:24 - I was concerned in the case.
00:42:46 (speaking in foreign language)
00:42:51 (speaking in foreign language)
00:42:52 During arguments, this point was raised by certain...
00:42:57 (speaking in foreign language)
00:43:02 - Constitutional amendment.
00:43:05 (speaking in foreign language)
00:43:09 (speaking in foreign language)
00:43:13 (speaking in foreign language)
00:43:17 (speaking in foreign language)
00:43:21 - At the time when the certain legislation,
00:43:35 they are by the parliament.
00:43:37 (speaking in foreign language)
00:43:42 (speaking in foreign language)
00:43:46 (speaking in foreign language)
00:43:50 (speaking in foreign language)
00:44:18 (speaking in foreign language)
00:44:22 (speaking in foreign language)
00:44:25 (speaking in foreign language)
00:44:29 (speaking in foreign language)
00:44:33 (speaking in foreign language)
00:44:38 (speaking in foreign language)
00:44:42 (speaking in foreign language)
00:44:47 (speaking in foreign language)
00:44:51 (speaking in foreign language)
00:44:55 (speaking in foreign language)
00:44:59 (speaking in foreign language)
00:45:02 (speaking in foreign language)
00:45:06 (speaking in foreign language)
00:45:10 (speaking in foreign language)
00:45:14 (speaking in foreign language)
00:45:18 (speaking in foreign language)
00:45:22 (speaking in foreign language)
00:45:26 (speaking in foreign language)
00:45:30 So far as 184(3) is concerned.
00:45:54 (speaking in foreign language)
00:45:59 (speaking in foreign language)
00:46:03 (speaking in foreign language)
00:46:23 (speaking in foreign language)
00:46:26 (speaking in foreign language)
00:46:32 (speaking in foreign language)
00:46:46 (speaking in foreign language)
00:46:50 (speaking in foreign language)
00:46:54 (speaking in foreign language)
00:46:59 (speaking in foreign language)
00:47:03 (speaking in foreign language)
00:47:07 (speaking in foreign language)
00:47:12 (speaking in foreign language)
00:47:16 (speaking in foreign language)
00:47:20 (speaking in foreign language)
00:47:49 (speaking in foreign language)
00:47:53 (speaking in foreign language)
00:48:05 (speaking in foreign language)
00:48:15 (speaking in foreign language)
00:48:18 (speaking in foreign language)
00:48:22 (speaking in foreign language)
00:48:26 (speaking in foreign language)
00:48:49 (speaking in foreign language)
00:48:53 (speaking in foreign language)
00:48:57 (speaking in foreign language)
00:49:15 I'm just making a submission on that.
00:49:22 Judgments, my lord, if your lordship may just permit me.
00:49:27 (speaking in foreign language)
00:49:34 (speaking in foreign language)
00:49:46 Including the fundamental rights of the citizens.
00:49:50 (speaking in foreign language)
00:49:54 Page 596.
00:50:08 And subhead M, page 604.
00:50:12 And subhead M, page 604.
00:50:14 (speaking in foreign language)
00:50:23 1739.
00:50:27 (speaking in foreign language)
00:50:35 The objective resolution.
00:50:40 (speaking in foreign language)
00:50:44 (speaking in foreign language)
00:50:48 (speaking in foreign language)
00:50:52 (speaking in foreign language)
00:51:06 (speaking in foreign language)
00:51:10 (speaking in foreign language)
00:51:19 (speaking in foreign language)
00:51:26 (speaking in foreign language)
00:51:34 Item to be put 869.
00:51:35 Item 55.
00:51:41 (speaking in foreign language)
00:51:46 Item 55.
00:52:03 (speaking in foreign language)
00:52:07 Which is not permitted by the constitution in any manner.
00:52:29 (speaking in foreign language)
00:52:57 (speaking in foreign language)
00:53:01 (speaking in foreign language)
00:53:05 (speaking in foreign language)
00:53:10 Subhead A and C.
00:53:11 (speaking in foreign language)
00:53:21 Subhead C.
00:53:26 (speaking in foreign language)
00:53:35 (speaking in foreign language)
00:53:39 Intents of the framers of the constitution.
00:53:48 (speaking in foreign language)
00:53:53 1992.
00:53:57 (speaking in foreign language)
00:54:03 (speaking in foreign language)
00:54:06 Interpretation of constitution approach
00:54:12 in different judgments.
00:54:13 Where they say constitution will be read as a whole.
00:54:18 - That's true.
00:54:19 - Not one part.
00:54:20 (speaking in foreign language)
00:54:25 Supreme Court, page 57.
00:54:27 (speaking in foreign language)
00:54:35 Then same PID 1999, Supreme Court 888.
00:54:39 (speaking in foreign language)
00:54:47 At page 905,
00:54:51 (speaking in foreign language)
00:54:55 At page 598.
00:55:08 And again, PID 1992, Supreme Court 595.
00:55:18 (speaking in foreign language)
00:55:22 I was reading couple of paragraphs with your permission.
00:55:33 (speaking in foreign language)
00:55:37 (papers rustling)
00:55:40 (speaking in foreign language)
00:55:45 (speaking in foreign language)
00:55:49 Relative relevant books.
00:55:51 (speaking in foreign language)
00:55:55 - Thank you.
00:55:58 (speaking in foreign language)
00:56:03 Fundamental law of Pakistan.
00:56:14 (papers rustling)
00:56:17 (speaking in foreign language)
00:56:25 Power of judiciary to interpret constitution.
00:56:35 (speaking in foreign language)
00:56:41 (speaking in foreign language)
00:56:45 (speaking in foreign language)
00:56:49 (speaking in foreign language)
00:56:53 (speaking in foreign language)
00:56:57 Fundamental law of Pakistan.
00:57:12 (speaking in foreign language)
00:57:16 (speaking in foreign language)
00:57:20 (speaking in foreign language)
00:57:24 (speaking in foreign language)
00:57:51 Constitution.
00:57:52 (speaking in foreign language)
00:57:56 The juristic aspect of the bar as an incident
00:58:05 of the American concept of constitution
00:58:07 being the supreme law of the land
00:58:10 has been stated by Kent that the constitution
00:58:14 is the act of people speaking in their original character
00:58:19 and defining permanent conditions of social alliance.
00:58:23 (speaking in foreign language)
00:58:27 The judiciary department
00:58:46 proper power in the government
00:58:51 to determine whether a statute to be
00:58:58 or be not constitutional.
00:59:00 Interpretation of construction of constitution
00:59:04 is as much a judicial act and requires the exercise
00:59:08 of same legal discretion as the interpretation
00:59:12 of interpretation or construction of a law.
00:59:17 To contend that courts of justice must obey
00:59:21 requirements of an act of the legislature.
00:59:24 When it appears to them to have been passed
00:59:27 in violation of constitution, it will be
00:59:30 contended law was superior to the constitution
00:59:37 and the judges had no right to look into it
00:59:41 in regard to its paramount law.
00:59:44 It would be rendering power of agent greater
00:59:46 than that of principle and declaring the will
00:59:49 of the only one concurrent and coordinate department
00:59:53 of subordinate authorities under the constitution
00:59:55 was absolute over the other departments
00:59:59 and competent to control according to its own will
01:00:02 and pleasure.
01:00:04 The whole fabric of the government,
01:00:05 the fundamental laws on which it rested.
01:00:09 The attempt to impose a restraint upon the legislature
01:00:13 power would be fruitless if the constitution
01:00:17 provision were left without any power in the government.
01:00:20 (speaking in foreign language)
01:00:24 The judiciary department, (speaking in foreign language)
01:00:37 is the proper power in the government
01:00:41 to determine whether a statute be or be not constitutional.
01:00:45 (speaking in foreign language)
01:00:49 - Very respectfully submitting.
01:00:59 (speaking in foreign language)
01:01:06 (speaking in foreign language)
01:01:32 - In the passage of time, definitely,
01:01:35 much already flown under the bridges,
01:01:39 I would not say so because (speaking in foreign language)
01:01:44 - This book was published in May 1958.
01:01:54 (speaking in foreign language)
01:01:57 This book predates martial law.
01:02:00 It was, I think, (speaking in foreign language)
01:02:05 If you look at the preface,
01:02:07 as an elementary book to teach constitutional law,
01:02:10 but it has become his magnum opus,
01:02:15 rightly so, but it was published prior to martial law.
01:02:17 (speaking in foreign language)
01:02:27 - Joey Saab is just quoting someone.
01:02:29 This is Chancellor Kent, I think.
01:02:32 (speaking in foreign language)
01:02:37 Whether we try to be of power separation of powers
01:02:47 is a very fundamental doctrine of US constitutional law.
01:02:50 (speaking in foreign language)
01:02:54 Government capitals, he is the state.
01:02:56 It means it's one of the three branches of the state.
01:02:59 It doesn't mean, and these are not Joey Saab's words,
01:03:01 he is quoting someone, I think.
01:03:03 (speaking in foreign language)
01:03:07 (speaking in foreign language)
01:03:16 - Joey Saab (speaking in foreign language)
01:03:23 - Elaborate the concept,
01:03:26 the concept of separation of power,
01:03:28 where, as we know, the famous words
01:03:31 from Chief Justice Marshall in Marbury versus Madison.
01:03:35 It is the province of the judicial branch
01:03:38 to determine and say what the law is.
01:03:41 That is being perhaps more broadly explained.
01:03:45 This is from a book of 1889,
01:03:47 so it's part of settled constitutional law.
01:03:50 (speaking in foreign language)
01:03:54 - Power to declare laws unconstitutional,
01:04:05 not inconsistent with giving effect
01:04:08 to the will of the people.
01:04:11 (speaking in foreign language)
01:04:15 - When the courts of law hold certain laws
01:04:17 to be unconstitutional,
01:04:19 their declarations cannot be construed
01:04:22 as defeating the will of the people
01:04:24 as expressed in the legislatures of the country.
01:04:28 From what has been said so far,
01:04:30 it would be apparent that the legal sovereign--
01:04:33 - That ordains and establishes.
01:04:37 - That ordains and establishes the constitution
01:04:40 is the people,
01:04:41 but this term ought not to be confused
01:04:44 with the people as the voters
01:04:46 who have returned their representative
01:04:48 to act as legislators.
01:04:51 The people as a historic community
01:04:53 must be distinguished from people
01:04:56 as a community of the entire living population
01:05:02 with their presidents and predecessors and successors.
01:05:07 The people acting solemnly
01:05:11 and deliberately, says Professor Willoughby
01:05:15 in his book, "The Constitution of the United States,"
01:05:18 in their sovereign capacity,
01:05:20 declare that certain matters shall be determined
01:05:23 in a certain way.
01:05:25 These matters, because of their great
01:05:26 and fundamental importance,
01:05:28 they reduce to definite written form
01:05:32 and declare that they shall not be changed
01:05:35 except in a particular manner.
01:05:37 In addition to this,
01:05:38 they go on to say in substance
01:05:41 that so decided is their will
01:05:44 and so maturely formed their judgment
01:05:46 upon the matter,
01:05:48 any act of their true will.
01:05:51 Therefore, when the courts declare
01:05:53 white legislative acts inconsistent
01:05:57 with the constitutional provisions,
01:06:00 the judges are giving effect to the real will
01:06:02 of the people as they have previously solemnly declared.
01:06:08 Thus, in effect,
01:06:10 the declaring law and constitution,
01:06:11 the judges are administering the real will
01:06:13 of the legal sovereign.
01:06:15 Will which has been regarded to view
01:06:18 that they take impugned law has been thwarted.
01:06:23 (speaking in foreign language)