"Ayin Ka Article 51 Kehta Hai Jo Seats Ap Ne Jeeti Hain...," Salman Akram Raja
"Ayin Ka Article 51 Kehta Hai Jo Seats Ap Ne Jeeti Hain...," Salman Akram Raja
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00:00 Salman, I'll take a legal point of view.
00:04 Salman, you said that the Election Commission should resign.
00:08 But, the decision of the Election Commission is read.
00:11 The merits are also on what to do if the list is not given.
00:15 A very interesting thing is written in this decision.
00:18 It is written that when the decision of the Baab Party was put before us as a judgment on the side of justice,
00:26 we asked them to show us the judgment.
00:30 If I'm not mistaken, the Chief Election Commissioner Sardar Raza Khan said,
00:37 "Please give us some papers to show us the decision which was not given."
00:42 The Election Commission would have taken the decision of Pakistan itself,
00:45 instead of saying that it was not given.
00:47 Tell me, you expected that it would not be given.
00:51 When Wada Sahab said that it would not be given, then it would not be given.
00:54 The law has gone mad.
00:57 I think that the controversial note of Mr. Bharwana is appropriate.
01:03 There is a provision in the law, which is section 104,
01:06 which has made a restriction that if you give lists till this date,
01:10 you will get special seats.
01:12 If you don't give, you won't get.
01:13 But, the law doesn't say anything like that.
01:15 The law says in Article 51 that the seats you have won in the general election,
01:19 you will get the seats of women and minorities in accordance with that.
01:24 So, you are saying that the people who have won, they won't get more than that.
01:28 Noon and People's Party won't get more than that.
01:30 Absolutely not.
01:31 Where is this going?
01:32 The seats should have been kept empty.
01:34 This matter will go to the Supreme Court, and no decision will be finalized.
01:40 The Supreme Court has to decide, in my opinion,
01:42 that the section 104 of the Election Act, which has a restriction that
01:46 you have to give lists till this date, and after that,
01:49 all the seats you have won in the National Assembly,
01:51 in the Subai Assembly, you won't get special seats.
01:53 That is absolutely unconstitutional in my opinion.
01:56 And by declaring it unconstitutional to the Supreme Court,
01:59 I think that these seats should be kept empty before the Presidential Election,
02:03 so that it doesn't affect the Senate election and the President's election.
02:07 Because, sooner or later, in my opinion, this section 104 has to be removed.
02:12 And some court will have to declare it unconstitutional.
02:16 Sir, so you are saying, Salman Sahib, if I have understood you right,
02:19 that the additional note that has been written,
02:21 is closer to the legal and legal position of the Constitution,
02:25 which Mr. Bharwana has written.
02:27 He has said that the Tehreek-e-Insaf or the Sunni Tahaat Council should not get it,
02:30 but the People's Party and Noon should not get it either.
02:33 This is closer to your opinion.
02:35 Absolutely.
02:36 Look, I think this is closer.
02:38 Although they could have said that we are bound to interpret the Constitution,
02:41 and under Article 218 of the Constitution,
02:43 the Election Commission has the complete authority
02:46 to make the formation of the assemblies according to the Constitution possible.
02:50 They could have said that we will read down section 104,
02:53 we will consider it directly, not mandatory.
02:56 That is, it is not necessary that if a list is not collected by a certain date,
02:59 then the seats will not be given.
03:01 Even if it is not, but since the Constitution is in the forefront,
03:03 we give these seats to the Tehreek-e-Insaf.
03:05 They could have gone as far as they could.
03:07 But as far as they have gone, they have gone right.
03:09 They said that we should keep these seats vacant,
03:12 so that the amendment is made in the time frame or in the law.
03:15 In my opinion, the amendment should be made in the law, not in the time frame.
03:19 Section 104 of the Election Act 2017 is not allowed.
03:23 Sir, it can be amended in the time frame as well.
03:25 I will ask Mr. Ranjit.
03:27 The amendment can be made in the time frame that,
03:29 if you win a lot of seats or a lot of seats in the number,
03:34 and keep that free status intact,
03:36 then those seats should be given to those parties
03:41 which have come to the Assembly with a certain number.
03:44 Then this amendment will not come.
03:45 You are saying that the amendment should be made in the law, in the Election Act.
03:48 Whereas I think that it would have suited the PMLN and People's Party.
03:51 The amendment should be made in the time frame that,
03:53 then we should give it to them if the seats are vacant.
03:55 And a party cannot get it, we should get it.
03:57 First of all, Mr. Kashif,
03:58 one thing is that the Supreme Court cannot write the Constitution.
04:01 And like you are talking about Section 104,
04:05 that it is a contradiction with the Constitution.
04:08 And it is not a constitutional provision of the Election Act.
04:12 So, even after that, if there is a constitutional amendment,
04:15 or these things, numbers are required for that as well.
04:17 And the numbers are not with the Constitutional Court at the moment.
04:20 So, they cannot make any constitutional amendment
04:22 with which these seats and these things,
04:25 the situation that you have described,
04:27 come to them and they get these seats.
04:30 This is the first time that a situation has arisen.
04:32 If they declare Section 104 as a contradiction, then it will be done.
04:35 The court can declare it as Section 104.
04:37 Look, this is the job of the Supreme Court.
04:39 The Supreme Court will look at the intention of the legislature.
04:43 Or it will be done in the constitution.
04:45 The intention of the person who made the law will be looked at.
04:47 And history is always given, and this practice has been there in the past.
04:50 And the lists that are given later,
04:52 there are a lot of issues on that.
04:54 But, Mr. Raja, one thing is certain,
04:56 that you cannot get more than this.
04:59 This restriction has been put on the People's Party and Noon.
05:02 And there is a date as well.
05:04 And now, the second thing is,
05:06 it means, as I said earlier,
05:08 that after reading this decision,
05:11 the merits are visible that if you did not give it in a certain date,
05:15 I do not understand the merit of how Noon and the People's Party were given.
05:18 Because that restriction is fixed.
05:20 They have made this decision, the Election Commission has made this decision,
05:23 that the violation of the constitution is fine,
05:25 but the violation of the law cannot be done.
05:26 Look, if this is a minority view,
05:29 If...
05:30 It is a majority view.
05:31 If Mr. Bharwana's point of view...
05:33 Mr. Bharwana has said that this cannot happen.
05:35 Majority view says that it can happen.
05:36 Yes, it can happen.
05:37 If I talk about minority view, then the majority will prevail.
05:40 The majority view will prevail.
05:42 And after that, as far as this question arises...
05:44 Majority is wrong, this is what we are saying.
05:46 So, as far as this question arises...
05:48 And this was also asked by Barrister Zafrullah in the program that day,
05:52 he said that they should not get it, but they can give it to us as well.
05:55 This has been said very clearly that we cannot get it.
05:58 The majority view will prevail on this, there is no doubt about it.
06:01 For now.
06:02 For now, this is...
06:03 Consider it as form 47.
06:04 Now, look, what is going to happen...
06:06 This is form 47, right?
06:07 Now, going to court, whether it is form 47 or 45,
06:10 this will be determined by the court.
06:12 This will be determined by the court,
06:14 that tomorrow, Supreme Court...
06:15 Now, what will the Supreme Court decide on this?
06:16 Now, the legislator has to fight his legal battle.
06:18 Salman sir is also there, Ali Zafar sir is also there.
06:20 Salman sir, will this matter go to Islamabad High Court or go straight to the Supreme Court?
06:24 Look, we will have to focus on this.
06:27 This will go to the Supreme Court.
06:29 This will go to the Supreme Court.
06:30 So, now, the Supreme Court will...
06:31 I think so.
06:32 Islamabad High Court...
06:33 No, there were two cases like this,
06:35 I also had a case of Dr. Zulfiqar Bhatti,
06:37 in that also, there was a matter,
06:39 the election commission had ordered,
06:41 he took it and went,
06:43 then the judgment came,
06:44 he went to the wrong forum,
06:45 so he went to the Supreme Court.
06:46 He also suffered a lot.
06:47 I will give a break to this.