Off The Record | Kashif Abbasi | ARY News | 10th Januray 2024
#batsymbol #ecp #peshawarhighcourt #offtherecord #arynews
(Current Affairs)
Host:
- Kashif Abbasi
Guests:
- Aamir Ilyas Rana (Analyst)
- Irshad Bhatti (Analyst)
- Salman Akram Raja (Lawyer)
Off The Record | PTI bat symbol case, big relief for PTI | Kashif Abbasi's Report
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ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
(Current Affairs)
Host:
- Kashif Abbasi
Guests:
- Aamir Ilyas Rana (Analyst)
- Irshad Bhatti (Analyst)
- Salman Akram Raja (Lawyer)
Off The Record | PTI bat symbol case, big relief for PTI | Kashif Abbasi's Report
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
Transcript
00:00 Assalamu alaikum, you are watching the program with Kashif Abbasi. Today, a big decision was taken from the Peshawar High Court. The way in which the election commission and Pakistan took back the ballot, this was a yo-yo process.
00:27 The judge took the ballot, returned it, or gave a stay order. One judge vacated the stay order. Finally, the divisional bench has given this decision.
00:40 The ballot has been returned. The election commission has declared this decision as illegal, without lawful authority, and of no legal effect.
00:54 The problem is that this issue will not end here. It seems that the election commission and Pakistan will go to the Supreme Court.
01:02 Should the election commission and Pakistan go to the Supreme Court? The election commission is an autonomous body. Its job is to keep a check on everyone.
01:11 Obviously, all political parties, elections, and intraparty elections are not allowed. If you look at it, all the elections of other parties are the same.
01:23 But before the elections, if you take a political party as a symbol, the level playing field, the elections, and the conversations that were going on a while ago, would have been reinforced.
01:38 Should they go back? The Supreme Court and Pakistan have the last forum where it seems that the election commission and Pakistan will go.
01:47 But why are election symbols important? The majority of the population of Pakistan is not well educated.
01:55 Because the uneducated population is more, it is difficult for them to read the name. The symbols are easy. They put a vote stamp on the symbol, so it becomes easier for them.
02:05 On the other hand, if this is taken from them, then the confusion that every free candidate will have a different symbol will be there.
02:14 Secondly, how will the reserved seats be given? Because obviously, the political party will not have it.
02:20 Thirdly, the free people who will win the elections. You saw in 2018, there was a plane of Jahangir Jadid Sahib. Free people used to sit in it.
02:29 Bani Gala used to come. So that is also a way. If they are free, then many of them will also break.
02:37 So this was a problem for Tariq-e-Insaf. That problem has been solved temporarily.
02:42 But last time when the election, I am sorry, the Peshawar High Court returned it, the problem came in the Muslim League law.
02:51 So, it was a never-ending story of the debate. What did they say when last time the election, I am sorry, the symbol was given, the ballot was given by the Peshawar High Court.
03:00 So what did they say? It is still silent. I don't know how long it will be.
03:04 Welcome back, Naseem. As we were talking, the ballot mark has come back.
03:09 With us, Irshad Bhatti Sahib is present. Amir Ilyas Rana Sahib is present. We will take a little delay.
03:13 First, for legal views, Salman Akhund Raja Sahib is present with us. Raja Sahib, Assalam-o-Alaikum.
03:20 Assalam-o-Alaikum. Raja Sahib, tell us that the ballot mark has come back.
03:25 Obviously, it seems that there is a fight between the Election Commission of Pakistan and PTI.
03:31 If they take it back to the Supreme Court, it seems that the appeal will go back to the Supreme Court.
03:37 Should it go back? Don't you think that this perception will not be formed that the Election Commission of Pakistan is trying to keep only one Jamaat out of the elections?
03:47 Obviously, it will seem like this. Look, the Election Commission is a regulator.
03:51 What does the Election Commission think that in this election, when a bench of Peshawar High Court has given a decision that the ballot mark has to be taken before 8th February,
04:02 if they think that there is a need for a clarification regarding the Election Act of 2017, so that the work they do in general,
04:10 in the political parties, is clarified that what is their sphere of power, then this can be said after the election.
04:17 At the moment, there is only one big party whose symbol is visible in front of the Election Commission.
04:24 I think that it is necessary for the Election Commission to have its own branch.
04:28 When a decision of a High Court has come, then even if they have to go to the Supreme Court, then they should not demand a trial.
04:35 They should just say that we want the legal situation to be clear, so at some point decide whether our sphere of power is there or not.
04:44 And do you think that this sphere of power is theirs?
04:46 In the political parties…
04:47 Do they have the right to take the responsibility of any party?
04:49 In my opinion, there are at least 170 political parties.
04:54 If the review of all those intraparty elections is started by the Election Commission of Pakistan, then it can't do any other work.
05:03 In my opinion, this sphere is only for the civil courts.
05:06 And in this regard, the Election Commission itself has a decision.
05:10 Where the Election Commission said that we cannot investigate the internal affairs of all these political parties.
05:17 If a party says that it has conducted the election, then it is enough for us.
05:22 If anyone has an objection, then he should present testimony and testimony in other courts, in the civil court.
05:29 The Election Commission cannot do this work in my opinion.
05:32 And how important is this "Balla" for the party?
05:37 Before I go to another person…
05:39 This is obviously important.
05:40 You know, the best story of this will be seen.
05:45 When the Muslim League came to know about this, when "Balla" came back, you can see how much they want "Balla" to not come to Tariq-e-Insaf.
05:52 Because it will be a big dent if a party goes to the elections without a symbol, all the free hopefuls.
05:59 So, it's a major relief, you think.
06:02 Kashi bhai, a small thing, that the decision of Peshawar High Court is applied to the whole of Pakistan.
06:05 Look, a political party…
06:07 Raja sahab, a question has come for you.
06:10 It is being asked that will the decision of Peshawar High Court be applied to the whole of Pakistan?
06:15 Yes, it will be.
06:18 This is a big misunderstanding that has arisen among the people.
06:22 All our high courts are in a way federal courts.
06:26 In America, there is a distinction between a federal court and a state court.
06:30 Every high court can make any decision that is related to any loyal institution.
06:36 It is not that only Islamabad High Court has the right to hear from any loyal institution or al-faq.
06:43 There are a lot of decisions on this, of our Supreme Court and our high courts.
06:48 Apart from the Election Commission, the Competition Commission in Islamabad makes decisions.
06:54 The decisions of the FPR are made in Islamabad.
06:56 They are challenged in any high court.
06:58 And when the high court suspends any SRO or any notification or declares it invalid,
07:04 then the decision is applied to the whole of the country.
07:07 This is a completely wrong interpretation that the high court is only for the sub-inspectors.
07:13 I had just heard this from Mullah Nafiz Ruman sahab.
07:15 I think we say that when we need relief, every court is good.
07:20 When someone else is getting relief, then every court is bad.
07:24 And the way... If I may ask Mr. Rana sahab.
07:29 Mr. Rana, the Muslim League has not reacted yet.
07:32 The last decision was made, and from the top, Mr. Shabaz was in Karachi.
07:36 It started there. What is this? Was this the right?
07:39 They are so scared.
07:41 This must be the fear, otherwise why do you need to comment on this?
07:45 This fight is between a court, an institution and a political party.
07:49 Why was the other political party so angry with the Muslim League that this happened?
07:54 And no statement has come yet. Is there any preparation for the press conference?
07:57 I will come to the statement, but Salman Akram Ali sahab is obviously our most famous lawyer.
08:02 But in the Supreme Court, you know, when Bakir Ali Najafi sahab finished the returning officers,
08:09 the Supreme Court's bench had asked questions.
08:12 And the Secretary Election Commission, Umar Hamid Khan had answered.
08:15 He said, when the Lahore High Court decided, why did you implement it immediately and why did you put it on all Pakistan?
08:20 This was the question there.
08:22 He said, why did you implement it? Because they had stopped training.
08:25 One minute.
08:26 The High Court had said that the training was going on.
08:29 No, no, the answer he gave, he said that this has been our practice.
08:33 Whenever a High Court orders, we decide on it in the same way, so implement it.
08:38 So, this question arose from there, how can you stop everyone?
08:42 Either you stop the returning in Punjab.
08:44 All these things will be said by the Election Commission.
08:46 Now your real question is that PM LN had a stomachache, he said.
08:51 Moulana Fazlur Rahman has a stomachache.
08:53 These are political pains.
08:54 When the lion's mark was taken from Nawaz Sharif in the Senate,
08:59 how many lawyers were saying this and how many PTI people were saying that it was very unfair.
09:03 Everyone was saying that it was right.
09:05 This is the right of the Election Commission.
09:07 Yes, the Supreme Court did it.
09:08 No, no, the Supreme Court changed the decision of 11 judges from 3 judges.
09:13 It is the case of Benazir Bhutto's 88.
09:15 How can they decide so suddenly?
09:17 And all the cases of Nawaz Sharif were coming from the Supreme Court.
09:19 Here is the Peshawar High Court.
09:21 Their original jurisdiction is something else.
09:23 These questions will come, which I think the Election Commission will take.
09:26 And the members of the Mubayyana.
09:28 But I don't think the original jurisdiction is the issue.
09:30 But if we say that from the political parties, they are in all the mosques, in Madrasas.
09:33 It is not that the issue is of Islamabad and you come from Sindh High Court.
09:37 I am not at all disagreeing with you.
09:39 I am not saying that. I am saying that.
09:41 And I will tell you one more thing.
09:43 How long has it been since Islamabad High Court was made?
09:45 Islamabad High Court.
09:47 Where did you go before that? You used to go to KCNI High Court.
09:49 The issue is that wherever you go, no one has stopped you.
09:51 Did the Supreme Court put any restrictions or did the PTI people come?
09:53 What would have happened if they had found a bullet?
09:55 One minute. One minute.
09:57 What difference does it make?
09:58 You are asking me.
09:59 You have asked the question of PMLN, JIO.
10:01 I am saying that jurisdiction.
10:03 I am asking this question from my side.
10:05 You cannot stop me from saying this.
10:07 Why am I stopping this?
10:09 Why is this a problem?
10:11 Isn't it better that the political parties get the responsibility?
10:13 All the clerics go to all the mosques and pray behind a single Muqtadi.
10:17 Clerics. I am not talking about the rest.
10:19 There are political parties. Everyone has to eat their halwa manda.
10:21 That halwa manda has also come in the name of the clerics.
10:23 All the political parties.
10:25 When were you and I in this position?
10:27 Otherwise, today that joke is happening.
10:29 The third generation went from Qazi Aari Sahib.
10:31 Nawaz Sharif, Imran Khan and Nizair Naqvi Sahib.
10:33 All of them became lawyers.
10:35 Now, there is a Muslim League.
10:37 Why would it say that they should ask for justice for their opponents?
10:41 Here, they did not come for that kind of work.
10:43 Every party makes it for itself.
10:45 When you were doing all the work for one party in 2017-18,
10:47 doing all the work in the opposite direction and for the sake of one,
10:49 were all happy?
10:51 That's it.
10:53 Why should you expect from PMLN or JIO to say,
10:55 no, no, give the bullet to Khan.
10:57 But, at that time, he was being sent to jail.
10:59 The real question is,
11:01 how to target the courts.
11:03 There was a decision in which Imran Khan was punished.
11:05 Very good court.
11:07 It was amazing.
11:09 There was relief.
11:11 See, the courts are like this.
11:13 But, this has become a little too much in the last 6 months.
11:15 In our case, when a judge,
11:17 whether it is a true or false accusation,
11:19 when he resigns,
11:21 we don't ask why.
11:23 All the judges get on the plea bargain.
11:25 The judge should continue his investigation.
11:27 I will ask Mr. Salman.
11:29 This is a long line.
11:31 Absolutely.
11:33 Mr. Muzair Naqvi should continue his investigation.
11:35 But, Mr. Bandy,
11:37 before coming to the judges,
11:39 the situation is such that,
11:41 when Balla returns,
11:43 the elections will be held, right?
11:45 No, no.
11:47 Now, it seems that it should be done.
11:49 No, no.
11:51 Mr. Qazi did not say that we should go home and talk.
11:53 I don't have a wife.
11:55 I will go home and talk.
11:57 No, no.
11:59 But, I am sure that
12:01 they have kept some other option.
12:03 Uncle, aunt, uncle, I will not be caught again.
12:05 But, now the elections will be held.
12:07 I think so.
12:09 After meeting Balla, there was a little step back.
12:11 But, the elections will be held.
12:13 First, you were saying that the elections will be held.
12:15 And, now you are saying that they should be held.
12:17 They should be held.
12:19 Secondly, you mentioned Mr. Shabaz Shaif.
12:21 You mentioned Mr. Mariam Nawaz.
12:23 You mentioned the league players.
12:25 And, you mentioned the rest of the people.
12:27 You forgot about ML Wali.
12:29 The way the Chief Justice has called him,
12:31 the way he was openly threatened in the court,
12:33 that it will be impossible to live in the province.
12:35 It will be impossible to sit in the court.
12:37 After retirement,
12:39 you have to wear the uniform of lawyers
12:41 and stay here.
12:43 It will be impossible.
12:45 I am conveying the message for the last time.
12:47 Don't give favoritism.
12:49 First of all,
12:51 it is a big decision for Tariq-e-Insaaf.
12:53 You should remember that
12:55 Imran Khan has been tried in almost 200 cases.
12:57 He has been tried in those cases.
12:59 He has been tried in the case of the party being broken.
13:01 He has been tried in that case.
13:03 And, in addition to this,
13:05 he has been tried in the case of Jalsa, Jalus,
13:07 Rally, Corner Meeting,
13:09 even the online Jalsa.
13:11 He has been tried in that case.
13:13 He was present in the case of Voter Bank.
13:15 He was present in the case of Jalsa.
13:17 He was present in the case of Voter Bank.
13:19 He was present in the case of Voter Bank.
13:21 He was present in the case of Voter Bank.
13:23 If the party had not been changed,
13:25 it would have been a big shock.
13:27 It would have been a big shock.
13:29 Because the party is a symbol,
13:31 a symbol,
13:33 emotional connection,
13:35 votes are restricted.
13:37 In the National Assembly,
13:39 the party is terminated.
13:41 There are special seats,
13:43 Senate seats,
13:45 and free candidates.
13:47 And, every day, a barrister says,
13:49 "This is our party, it is gone."
13:51 One more thing,
13:53 you raised a question,
13:55 that politics has become so polarized,
13:57 that whatever decision is made,
13:59 it used to be on PTI,
14:01 that the judges who are in their right,
14:03 they should be...
14:05 You have been saying this for the past 8 months.
14:07 I will give you an example,
14:09 a very classical example.
14:11 The judges on PTI,
14:13 the judge, the judge,
14:15 Justice Bandyal,
14:17 and so on,
14:19 they make a trend.
14:21 Justice Ashtar Aminullah has written,
14:23 "Innocent."
14:25 After that,
14:27 Muslim League Noon included him
14:29 with Good2CU,
14:31 Justice Bandyal,
14:33 he was their favorite judge.
14:35 He was the one who asked for
14:37 guarantees for Nawaz Sharif's life,
14:39 he said, "Take a special court letter."
14:41 And then Asif Syed Khosla
14:43 wrote a letter,
14:45 "Five allegations,
14:47 on five guarantees."
14:49 And then he wrote,
14:51 "Good2CU and Innocent
14:53 are being included as terrorists."
14:55 So now it has become so polarized.
14:57 But the way the language has opened up...
14:59 He has been arrested as a terrorist.
15:01 Who?
15:03 Imran Khan.
15:05 The last arrest.
15:07 On 9th May.
15:09 He was arrested on 9th May.
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