SC reserves decision in reserved seats case - Matiullah Jan Told Inside News Regarding Case - video Dailymotion

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Transcript

00:00Briefly explain to the people, what is the case? What are the two sides?

00:07If you look beyond today's hearings, in all the hearings that have taken place throughout,

00:13there are three questions in front of the bench.

00:15One question is, can these special sessions be given to the ruling party?

00:19As the Election Commission has decided from the first day, and then it is the decision of the Peshawar High Court.

00:25The second question is, should these special sessions be given to the Sunni Council,

00:31which is also being requested by the Supreme Court.

00:34And the third question is, can these sessions be given to the PTI directly or not?

00:41But this is for the sake of people to understand.

00:45The question of PTI has been raised during the proceedings that whether PTI should be given or not.

00:49Initially, this question was not there in front of the court.

00:53Although Qazi Fajisa has repeatedly said that there is no scope for this case.

00:58But you are saying that there may be scope for this case.

01:01Qazi Fajisa gets emotional only after hearing the name of PTI.

01:06And especially after hearing the name of 13th January.

01:09Because on 13th January, he had given the decision of Balle Karishan.

01:12But there is no doubt that when a case comes to the Supreme Court of Pakistan,

01:15whether it is an appeal, or a case, where the fundamental human rights are discussed,

01:19then it is not explained in detail.

01:24Even in any appeal, if the question is that, for example,

01:28according to Article 17, it is the right of the organization,

01:30and political parties cannot be deprived of their recognition,

01:33then many judges have raised the question that

01:35under which authority, under which law, did the Election Commission

01:38declare all the members of PTI free?

01:41The Election Commission could not answer this question.

01:43Whether it is Judge Atamanullah, Judge Muneeb Akhtar, Judge Ayesha, Judge Mansoor Ali Shah,

01:47and other judges have also repeatedly asked this question to the Election Commission.

01:50So it seems that the third question to be given to PTI,

01:55that whether PTI can get it, is a genuine question.

01:58And regarding this, the Election Commission was repeatedly asked by the judges,

02:02but did not get the answer to the questions.

02:04And apart from that, these questions were also asked by the judges.

02:06So this third question is present.

02:08And there is a possibility that when a case has come to the Supreme Court of Pakistan,

02:12then they will explain Article 17 of the Constitution.

02:15And the Supreme Court of Pakistan will decide

02:18whether the Election Commission has the authority

02:20to deprive a political party of its recognition or not.

02:23So this question will definitely arise,

02:25and we will be able to see the answer to this in the decision.

02:27It is possible that the position taken by Chief Justice Qazif Ali Issa,

02:30and his opinion so far gives an impression

02:32that perhaps he wants to give seats to the ruling party.

02:35If he comes down from the position of giving seats to that ruling party,

02:40with his 3-4 other judges,

02:42then he will put most of his burden on the Sunni Jihad Council.

02:46And if some judges or majority judges want to give direct seats to the PTI,

02:53by declaring the PTI as a political party, by explaining Article 17,

02:57then to divide them,

02:59then the Sunni Jihad Council has a second option with Chief Justice Qazif Ali Issa

03:03and a few other judges.

03:05So there is a possibility that Article 17 will also be explained in relation to the PTI.

03:10Therefore, on this basis, we can say that even if the Sunni Jihad Council does not fight the elections,

03:17then it is still a political party, whether it is inside or outside the parliament.

03:21So on this issue, perhaps the Sunni Jihad Council will ultimately win.

03:24You look at it dispassionately,

03:26the letter of the law, there was a lot of debate in this.

03:28I also said this at the opening of the program a while ago,

03:31that there are no rules in Britain.

03:33They said the spirit of the constitution is this.

03:35Spirit is everything.

03:37On the basis of moral integrity, decisions should be made.

03:41We have a big debate here about the letter of the law.

03:44What is, in your view, more important, letter or spirit?

03:47The letter of the law does not strengthen your position by giving references again and again,

03:52and this will not prove it,

03:54especially with the words of our constitution,

03:56it does not prove anywhere that the seats that are reserved should be given to the ruling party as a source of income.

04:02So this is just a statement of a letter of the law.

04:04But in the letter of the law,

04:06on the other hand, it will say that it is not written that if you are not a political party,

04:11because these definitions have been told in the court,

04:14we have heard this from the court proceedings,

04:16that the political party in the parliament is the one who has won at least one session.

04:19And also that a list of seats should come to the election commission of Pakistan,

04:25then you can also amend it,

04:27even if you have given one seat,

04:29but you can amend it.

04:30So this is the other side that is told to us again and again,

04:33that this is also a test that should have been completed by the Sunni Tahaat Council or any political party.

04:42Look, this can be the opinion of Chief Justice Qazi Fajrissa or yours or anyone else,

04:48that the PTI did not fight the election as a party.

04:51And this is the thing,

04:52it is written in the constitution that the election is held for political parties.

04:57It is not written in the constitution that the election commission accepts those political parties.

05:02Political parties are political parties.

05:04They fight the elections.

05:05Even if they are declared free candidates,

05:09they cannot terminate the recognition of the political party.

05:12They cannot take recognition from that candidate.

05:14And this is what the Supreme Court has to explain in Article 17.

05:17And I think that if the majority of judges do not explain Article 17 in this matter,

05:23then they will explain exactly the same and rewrite the constitution,

05:28that the beneficiary of the special sessions are the winning parties,

05:33whom they call the community.

05:35Now see, the election commission calls the Noon League and the People's Party as a community,

05:39and is ready to give it additional sessions.

05:42But the people's party candidate, from whom only the mark was snatched,

05:45and Chief Justice Qazi Fajrissa and the majority of judges have said this in the Supreme Court,

05:50that the election commission has apparently misinterpreted the decision of 13th January.

05:57And the PTI candidates have been declared free candidates.

06:02When they have said this, it means that the majority of judges present on the bench

06:07believe that the PTI has fought a political party election.

06:11If they believe this, then the rest will act according to the words of the constitution,

06:16that every political party should get special sessions,

06:18and the PTI will also hold a position of a special session as a political party.

06:22There is no violation of the constitution in this.

06:24Chief Justice Qazi Fajrissa, on one hand he says that there are political parties,

06:28and on the other hand he says that the election commission has misinterpreted the decision.

06:31This means that he is misinterpreting the election commission's decision,

06:34and on the other hand he is accepting the PTI as a political party.

06:38So, two things cannot be said at the same time.

06:41But there is a political party.

06:43Mr. Mateej, it is being said again and again that people have found and put their vote in the election.

06:48This means that it is not possible for a political party to have a more difficult election than this,

06:51because it did not have a campaign, it was not given an election mark,

06:55its people were not allowed to come out,

06:57no campaign could be held, but people still found and put their vote in.

07:01So, the complete justice argument,

07:03I think you are also of the opinion that complete justice should be done,

07:07and then the violations that have occurred before that should also be corrected.

07:12Look, Mr. Kashif, there is a very wrong impression that when we take the name of complete justice,

07:16we mention Article 187 of the Constitution,

07:19that complete justice should be done by giving a reference to it.

07:21If Article 87 was not in the Constitution,

07:23then shouldn't the courts have done complete justice?

07:26This is a question for the legislators,

07:28and especially I think that the lawyers of the election commission,

07:33or the attorney generals who are saying again and again that we cannot go to 187.

07:37Now look, the attorney general of a country is saying that you cannot do complete justice.

07:41That is, you cannot give a reference to Article 187.

07:44Even if you don't give a reference to it,

07:46then what is the Supreme Court's job to do complete justice?

07:49It cannot do complete justice without a reference to Article 187.

07:52And let me tell you that there is no issue of complete justice in this.

07:55This is a straightforward issue of the interpretation of Article 17.

07:58And if PTI is accepted as a political party,

08:00then according to the words of the constitution, it has to get specific seats.

08:03There is no problem in this.

08:05And the biggest observation that should come in this decision,

08:09is not only that the PTI should be accepted as a political party and given specific seats,

08:13but there should also be a strong observation on the conduct of the election commission,

08:17which the election commission has never opposed any political party in this way before in history,

08:23the way this election commission is doing today.

08:25And today, Justice Shahid Waheed's remarks were also there,

08:28I don't know if they passed through your eyes or not,

08:30that he said during today's session that in some time,

08:33the government and legislators stood with the truth.

08:35It seems that the election commission of Pakistan has become a litigant.

08:39I heard this directly.

08:42Absolutely.

08:43As Justice Shahid Waheed said,

08:44now the situation is such that the legislative bodies also fight cases like a team.

08:49It is not the grace of the legislative bodies.

08:52It is not the dignity of the legislative bodies.

08:55And they want to win the case in every possible way.

08:58This is a very big belief of Justice Shahid Waheed.

09:01This is a very big indictment of the election commission of Pakistan.

09:03Let's flip this argument.

09:05They don't want to win in every case.

09:07They want to defeat the Sunni Tahaj Council and Tariq-e-Insaf in every case.

09:11If it was someone else, this situation would not have arisen.

09:13Absolutely.

09:14It is a very targeted approach.

09:16This is what I am saying.

09:18Absolutely.

09:19I am saying that both of our arguments are the same.

09:22In one place, it happens that an institution wants to win the case.

09:25They don't want the Sunni Tahaj Council or Tariq-e-Insaf to win the case.

SC reserves decision in reserved seats case - Matiullah Jan Told Inside News Regarding Case

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