Legal Expert Imtiaz Siddiqui opens up on Bar Councils' press releases against CEC
Legal Expert Imtiaz Siddiqui opens up on Bar Councils' press releases against CEC
Transcript
00:00 The election process, delimitations, restrictions,
00:03 the increasing controversy in the distribution of seats,
00:05 this is a deep concern from the Bars.
00:08 It is also being said that the increasing controversy
00:13 and controversy in the election process has raised questions
00:16 about the commission's ability.
00:18 It has also raised questions about the chief election commissioner's competency.
00:21 Is it fair and justified to put the transparency and transparency
00:24 of the election process in danger?
00:29 And what is the timing?
00:32 The election commission of Pakistan is already stigmatized.
00:36 Justice Bandiyal's batch has already stigmatized
00:39 the election commission of Pakistan in relation to provincial matters
00:43 and has held a case for contempt.
00:48 You must remember that they had ordered
00:51 that there should be elections in Punjab on 30th April
00:54 and not on 14th May.
00:59 At present, the tenure of provincial and federal caretakers has expired.
01:08 And in fact, there are de facto governments,
01:12 but there are no lawful governments.
01:15 We refer to the de facto and de jure governments in the law.
01:24 So, there are already many controversies and doubts in the election process
01:30 and the political scenario is also in front of you.
01:33 Apart from this, the biggest problem is that
01:36 many people are surprised and worried about the recent orders
01:40 of the election commission of Pakistan.
01:45 I will come to this, Mr. Siddiqui, if you allow me.
01:48 But I am surprised that when the schedule has been issued
01:51 and the best employee of the election commission has been here for a year,
01:57 that he is ready to do everything in the world,
01:59 not just the responsibility that has been assigned to him
02:01 and whose funds are given to conduct the election.
02:03 So, today, the Pakistan Bar Council,
02:05 Supreme Court Bar Association, Sindh Court Bar,
02:07 have they come to their senses today that they should be removed?
02:12 Whether it is right or wrong,
02:15 or not,
02:17 that is, it is so late, you cannot do anything, sir.
02:20 But I think that the orders passed by the Supreme Court,
02:24 in its context,
02:27 the opposition has all kinds of interests.
02:35 Obviously, they are saying that if you want to conduct the election,
02:41 but if you want to conduct it with the law and the constitution,
02:47 then what will be the benefit of that election?
02:49 Look, sir, the problem is that without resolving complaints,
02:52 acting on the election timelines,
02:54 instead of getting revenge, can cause harm to revenge.
02:59 This is a very valid and legit point that the Bar Association has raised.
03:01 Otherwise, your stability will be lost.
03:05 But you are also seeing that after the election schedule,
03:07 and you understand this better,
03:09 it is necessary to send a reference to the Supreme Judicial Council
03:12 if you want to get rid of Sultan Raja.
03:15 So, is it possible to remove Sultan Raja at this time or not?
03:18 And why did the Supreme Judicial Council not send a reference?
03:20 Or are they also going to send?
03:22 Mayor, there are countless issues in the Supreme Judicial Council.
03:29 Our judicial system is very weak at the moment.
03:34 It is in your favor, what can be said about it.
03:38 But the thing is that the requirements of the law,
03:45 like delimitation, are statutory requirements.
03:48 Whatever happens, those who have fought the election,
03:53 those who want to fight, those who know the laws of the election,
03:57 they know that delimitation is a very sensitive and vital aspect of election.
04:03 And this is a legal requirement.
04:05 If you look at the Election Act,
04:07 then the relevant sections of it, from Section 221 to 223, I believe,
04:12 there is a detailed process of delimitation in it.
04:15 The election is one and a half months without the law.
04:22 The judicial inclination of the Supreme Court
04:27 to somehow get an election,
04:30 whether it is the law or the constitution,
04:33 I don't understand this logic.
04:35 So, when the Supreme Court says that after the 8th February election is fixed,
04:38 no one in Pakistan will have to come to the Supreme Court to challenge the election.
04:43 But you saw what happened when the petition went to the Lahore High Court.
04:47 So, is there no legal treatment left if people have issues with delimitation?
04:51 There are thousands of petitions in Islamabad alone challenging these delimitations.
04:57 It is in every province. Multiply it.
04:59 So, is this the right position to address these issues only after the election?
05:04 No, this position is completely illegal and totally contrary to the law.
05:11 There is no reality in this.
05:13 For a higher principle,
05:16 obviously everyone wants democracy to be restored in Pakistan
05:22 and a democratic system to be established.
05:24 But the requirement of the constitution and law should not be neglected.
05:29 The law is that the election is already delayed.
05:32 And this election date is not a sacred date
05:37 because the President and the Election Commission have appointed it.
05:41 The election has already been delayed.
05:43 The 90-day timeline of the constitution has not been violated.
05:48 But the delimitations and restrictions were to be done.
05:51 The census was approved by the Council of Common Interest.
05:54 So, without getting into that controversy,
05:56 I understand that it is already delayed.
05:57 That was a big issue of Khyber Pakhtunkhwa Punjab.
05:59 But, sir, I need the request to be filed
06:02 and to demand an intervention from the court
06:05 or to appeal to the court if the insult to the court is understood
06:09 and entertained in its context.
06:11 And that too because the Supreme Court has decided on 8 February.
06:15 So, this does not mean that the elections can be held in any way
06:19 and as long as they are held on a set date or date,
06:23 they will be considered fair.
06:24 Is this what is being argued as of right now?
06:26 You are arguing that this is a kind of judicial activism.
06:33 There is no scope for this in the constitution and law.
06:37 The proceedings that the entire community has seen,
06:41 the way our Honourable Bench No. 1 has held the proceedings,
06:48 the attending circumstances,
06:53 the way the petition has been entertained,
06:55 it cannot be argued.
06:58 Sir, let's talk about the decision.
07:00 You think I should get up from my show and get into contempt.
07:03 Let's talk about the decision.
07:04 That is on the public domain.
07:05 May Allah bless you.
07:07 Everyone should blow their own trumpet.
07:09 But through bureaucracy, through district administration…
07:12 The decision of the Supreme Court is contrary to the constitution and law.
07:22 The direction given is…
07:24 I am not able to understand the regrettable thing.
07:26 There are good judges in this bench in our Supreme Court.
07:30 Justices Mansoor Ali Shah, Atta Mirillah, and other educated judges like Jazil Hasan, Modi Waqtal.
07:36 There are many good judges.
07:39 I am not able to understand why these orders are being issued.
07:42 Saying that it is a good principle to restore democracy is a good principle.
07:48 But for this, you cannot tolerate the negligence of the constitution and law.