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Reserved Seats Case Hearing In Supreme Court | Meher Bukhari's Analysis
Reserved Seats Case Hearing In Supreme Court | Meher Bukhari's Analysis
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00:00The election commission's unknowingness is being questioned.
00:02The second group is involved in suicide.
00:04There is a comment on the political existence of the group as a way of justice.
00:06There are open remarks on the issues related to democracy during the era of dictators.
00:10The case that is being published is reaching its conclusion.
00:14The decision is expected in the next 48 hours.
00:16During today's most important hearing, there was a lot of contradiction in the opinion of the election commission.
00:20During the hearing, the election commission has stated that the decision to give special seats to the father party was illegal.
00:26Justice Ayesha Malik questioned how the father party was given special seats in the last election.
00:31The lawyer of the election commission replied that the decision to give special seats to the father party was not in accordance with the law.
00:36Justice Ayesha Malik asked how the election commission can take two different opinions on one case.
00:41The lawyer said that the current election commission has heard all the opinions and decided.
00:46During the hearing, the justice remarked that a lawyer took some points in one case and something else in the evening.
00:51The problem is that you are a constitutional body
00:55and you seem to be taking different stances as and when you understand the law,
01:01how you choose to understand the law.
01:03There has to be some consistency
01:05and if you are not agreeable with what happened in the last election,
01:08you would then write it somewhere, you would meet on it.
01:12The commission is a commission, but tell us what the situation is.
01:16Mr. Sikandar, you can take it lightly.
01:19One time someone was arguing and in the morning, after a while, the court observed another case.
01:25You are making your arguments very different.
01:29Please, I am listening.
01:30So he said, I am wiser now.
01:33Or you can also say I am more freer now or less freer now than the then election commission or the present election commission.
01:42There was a lot more thought given to this.
01:44During the hearing, Justice Munir Ghaftar also remarked on the occasion of the election commission.
01:49The election commission has adopted different stances.
01:52The election commission says that the decision made in the last election was wrong.
01:56During the hearing, Justice Jamal Mandokhil questioned the lawyer of the election commission, Sikandar Basheer.
02:00Tell us, where and who made the mistake?
02:03This aspect of the hearing of the special sessions was also interesting
02:06that every point was raised by the Chief Justice of the Supreme Court
02:09where the judge was a criminal.
02:11While Justice Atar Minala, Justice Ayesha and Justice Jamal Mandokhil
02:14most of the marks were on keeping the spirit of democracy safe.
02:18During the hearing, Justice Jamal Mandokhil raised the point that
02:20there were no party elections in 2018 of Tehreek-e-Insaf.
02:23Then how did he get the electoral mark?
02:25The Chief Justice remarked that if we go on this, the election of the Chairman of the Senate will also be open.
02:30The matter of Tehreek-e-Insaf intra-party elections was coming up many years ago.
02:33Tehreek-e-Insaf was asking for time for intra-party elections again and again.
02:36Justice Mansoor Ali Shah said that I wish I had a mind like the Chief Justice.
02:40I would have understood everything as soon as I read it.
02:42But I am a common man.
02:43During the hearing, the election commission came under discussion.
02:46The loser says that the elections were not right.
02:48We do not value the institution.
02:50Justice Mansoor Ali Shah raised the question on the remarks of the Chief Justice
02:52that is the election commission such a powerful institution?
02:57The election commission of Pakistan is not a poor institution.
03:00Neither is it a subordinate institution of yours nor of the Supreme Court.
03:03He is not saying anything.
03:04We will have to show that he has done this unorthodox thing.
03:08Then I will use my power against him.
03:12It is possible that I will disagree with him on many things.
03:15But I will interfere only when I will understand that he has moved away from the law.
03:26Chief Justice Qazi Faiz Issa said that prove that the election commission has done this unorthodox thing.
03:30We will blow it.
03:31We will have to see that the election commission has done this unorthodox thing.
03:34Then we will intervene in it.
03:35Justice Mansoor Ali Shah said that the court wants the right of a political party
03:41to get what it wants.
03:42No one should have more or less seats.
03:43Chief Justice said that what is the right?
03:45The Supreme Court has to look at the constitution.
03:47Interestingly, two days ago,
03:49Justice Sattar Minnalla issued a very important additional note on all four sides
03:54which is a complete denial of the remarks of Chief Justice Qazi Faiz Issa
03:57to prove the unorthodox action of the election commission.
03:59Justice Sattar Minnalla wrote in his note that the voters were deprived of their fundamental right
04:03by the decision of the election commission.
04:06Justice Sattar Minnalla wrote in his additional note
04:08that due to the misinterpretation of the court's decision,
04:10a large political party was removed from the election.
04:12The Supreme Court's decision was not to disqualify any party.
04:16The voters were deprived of their fundamental right by the decision of the election commission.
04:19The election commission admitted that a large party was disqualified in the light of the Supreme Court's decision.
04:24The lawyer of the election commission tried to put the decision of giving freedom to the hopefuls of justice
04:28on the ROs.
04:30The lawyer's arguments have raised serious questions on the role of the election commission.
04:35In the additional note, it has been said that the election commission has to confirm
04:38which political party was excluded from the electoral process.
04:42If the election commission fails to confirm,
04:44then serious questions will be raised on its constitutional responsibility.
04:47Justice Sattar Minnalla further wrote that the case of the special seats is not only the case of the seats
04:51but is the case of the fundamental constitutional rights of the stakeholders, i.e. voters.
04:55Justice Sattar Minnalla said that the election commission should confirm
04:58that everyone was given equal opportunity in the general elections
05:01and fulfilled their constitutional responsibility.
05:03The decision of the case of the special seats cannot be taken out of the technical points alone.
05:08The decision of the special seats can be made in the context of the elections on 8 February.
05:12Justice Sattar Minnalla further ordered that the election commission should give a written statement
05:16that was it legal to exclude the judicial process from the electoral process.
05:20The records of the decision of the election commission are present
05:22and it is clear that the Supreme Court judge said in the additional note
05:25that the situation was extraordinary in light of the situation
05:28and the hopefuls of the disqualified political party wanted to maintain their position.
05:32Justice Sattar Minnalla said that the misinterpretation of the election commission
05:35affected the political party, voters and the exclusion of the special seats.
05:39Governance, policies, legislation and the trust of the people depend on the electoral process.
05:44Ladies and gentlemen, in today's hearing,
05:46the Supreme Court has rejected the formula of allotting reserve seats
05:49from the election commission in 2018 and 2024
05:51and the hearing has been postponed until tomorrow.
05:55In the most important hearing,
05:57the party with which the Justice Movement wants to move forward
06:01has supported the arguments of the election commission
06:04to keep the reserve seats of the Justice Movement.
06:09And they have gone against the Justice Movement.
06:11This is a serious situation.
06:13On one hand, it is a matter of reserve seats.
06:15On the other hand, the Justice Movement
06:17is passing resolutions on resolutions
06:19through a core committee.
06:21It is an internal storm that is not stopping.
06:23With your permission.