"Adalat keh chuki SIC ki nashiste nahi banti tou dosro ko kaise di gai," Shahbaz Khosa
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00:00The case is in front of you. It is a well-known case.
00:03Sunitha Hath Council, which was joined by Pakistan Tariq-e-Insaf's supporter Azad Umidwaru,
00:09after that, obviously, a case was filed on it.
00:12The Election Commission gave its decision on it.
00:14After that, a case was filed in Peshawar High Court.
00:17Peshawar High Court also supported the decision of the Election Commission.
00:21And then Sunitha Hath Council was deprived of its right to reserve seats.
00:25Mr. Shahbaz Khosla is a lawyer of the Supreme Court. He is present with us.
00:29We will talk to him. Mr. Khosla, thank you very much for your time.
00:32Mr. Khosla, first of all, I would like to talk about the decision of the Election Commission.
00:36One member of the five-member bench opposed it.
00:40They are making the basis of Article 51, Subclass 6 of the Constitution and Section 104 of the Election Act.
00:51Article 51, Subclass 6 of the Constitution and Section 104 of the Election Act states
00:54how the formation of the National Assembly will take place.
00:57And the whole matter has been stated in it.
01:00And Section 104 of the Election Act 2017 states that the Election Commission will set a date.
01:09Within that date, a political party has to submit a list of its specific seats.
01:17They were not allowed to do that. Therefore, their right was terminated.
01:20Now, the question to you is that today's decision,
01:24obviously, there will be more regular action on it.
01:27This action will be heard by the three-member bench or it will become a larger bench.
01:31This will be known later.
01:33When you made this decision today of the Election Commission of the Peshawar High Court,
01:40in your opinion, what do you think?
01:43Will this increase or decrease in the number of regular sessions in Pakistan?
01:51Will the matter be resolved?
01:53First of all, we have to see whether the increase or decrease in the number of regular sessions is relevant or not.
02:03Whether the law has been followed properly or not.
02:07This is the relevant question.
02:09The Constitution of Pakistan is an imrani moeda in the people of Pakistan
02:14and it bases the government of Pakistan on which the government should run.
02:18And under which all the laws are made.
02:23Under which the institutions take their powers.
02:26The biggest law is the Constitution.
02:28Article 51.6 of the Constitution clearly states that
02:33the special sessions of women and minorities will be given according to the proportional representation.
02:43In the same percentage of the seats that the Jamaat has won in the general election,
02:51women will also be given and in the same proportion, minorities will also be given.
02:58And these women and minorities do not get seats in the normal election.
03:03They do not normally go to the public and fight the elections.
03:08They get these special sessions because the representation of women and non-Muslims was intended to be increased in the national assembly.
03:17Because it is difficult for women to fight the general election.
03:20And non-Muslims also have to be compared with Muslims.
03:25Absolutely, I understand the purpose of this.
03:27But they say in the judgment that it should be added to the 104 section of the 2017 act.
03:33So they did not add the list.
03:35Yes, look, now 104, I will come to my first point that our biggest law is the Constitution of Pakistan.
03:42If the law is made according to the Constitution of Pakistan, then that law is right.
03:47If a law comes into conflict against the Constitution, then the Constitution will prevail.
03:58In this case, this election act is the 2017 act.
04:03This is a subordinate piece of legislation.
04:06It is much less than the constitution.
04:09And there are 104 rules in this.
04:12It is written in 104 rules that the list that will be collected by that date will be considered.
04:19You will not be able to change this list after this date.
04:24Now, on the basis of this rule, the party that has obtained a few seats in the election commission, gives more seats to it.
04:34So this is an anomaly created which does not even appeal to common sense.
04:39Mr. Khosla, I will take you to the judgment of the Peshawar High Court.
04:43The judgment of the Peshawar High Court is based on Article 224 of the Constitution.
04:49According to which, no seat in the National Assembly can be kept vacant for more than 120 days.
04:54Therefore, these seats had to be filled.
04:57After that, they uphold the autonomy of the election commission.
05:01The election commission is a constitutional institution.
05:04Therefore, they have made this decision and that decision should be accepted.
05:08And then they also talk about section 104 that this is also the right of the election commission.
05:14So, the Peshawar High Court went to Article 224.
05:18Sir, I would like to say with great respect and apology that the uphold of the election commission by the Peshawar High Court was wrong.
05:30Seats should be kept vacant and seats should be filled in the wrong way.
05:36If they had filled the seats in the right way, then it would have been absolutely right.
05:41Article 224 applies.
05:43But because the seats were filled in the wrong way, it is absolutely right.
05:48And the decision of the Supreme Court is absolutely right.
05:51Primacy has been given to Article 51 over the election law.
05:58It is a simple thing.
05:59If any law is against the constitution, then the constitution will prevail and the law will have to give way.
06:07Mr. Khosla, you are with us.
06:09Mr. Haji, this is your opinion from the beginning.
06:12And I think Mr. Naqvi and all of us sitting in this program have the same opinion.
06:17Hassan Ayub is not here. He has gone on vacation. His opinion was absolute.
06:21So, do you think they will get the seats back?
06:24Seats were filled in the wrong way.
06:28It was taken away and then it was distributed.
06:32And the Election Commission did everything in its power.
06:38This has now been written very thickly.
06:42They did not feel the need to hold a free, fair, impartial election.
06:47They took every step and finally gave a statement one day.
06:52They said that even if certain parties do not fight against certain parties, I will fight alone.
06:59For the sake of Allah.
07:01This is an Islamic country, Pakistan, which has a constitution.
07:08It is a constitutional institution.
07:11If it is a constitutional institution, then I will allow it to go and jump in the ravine.
07:16Because it is a constitutional institution.
07:20Who gave you the right?
07:22First, they were snatched away.
07:24Then their party was thrown out.
07:27Then they won.
07:29The people of Pakistan, who were against you,
07:34turned them upside down.
07:36They made their own candidates.
07:38Which had never happened in Pakistan.
07:40Then you did not stay there.