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Judges ki Shikayat Maujoodah Hakumat par Dagh Nahi ? Barrister Aqeel Malik's Statement
Judges ki Shikayat Maujoodah Hakumat par Dagh Nahi ? Barrister Aqeel Malik's Statement
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00:00Please tell me, Mr. Akhil, that as a collective environment,
00:03as we discussed in the beginning,
00:05that Mr. Salman Ghazali has said that we have an idea of how he is spreading the shadow.
00:08Some things have become open secret.
00:10So, sir, for you, as a member of legal fraternity
00:14and then as a member of this current government as well,
00:17isn't this a worrying thing for you that the matter is not just coming to light
00:22or rumors that the judges are being pressurized?
00:25In fact, it has gone to an unprecedented level.
00:27When you were being suppressed, it was happening then as well.
00:29At that time, Shaukat Siddiqui was coming sometimes.
00:31But now, six judges of the same court are writing and saying that
00:34this is happening, this is happening.
00:35The people of Sargodha are saying different things.
00:38Isn't this a worrying thing for you, Mr. Akhil?
00:42I will take a step back a little before this, Mr. Badami.
00:47And as we discussed on the Sunni Unity Council and the JUIF,
00:51see, the real issue is the same.
00:52My question was very pertinent that this law cannot be picked and chosen.
00:57Where your preference is, that applicability will only be to that extent.
01:02Or the other one that is not suiting you,
01:05the applicability of which is applicable to you,
01:10but that thing is not present in your own constitution.
01:12Mr. Salman Akram Raja did not answer that.
01:15And then he said that both will get it.
01:18Because in our constitution, they have accepted that
01:21in the Sunni Unity Council constitution, non-Muslim seats will not be formed.
01:24So, again, this is a very pertinent question.
01:28I will not discuss it further,
01:32because the Supreme Court has already made a decision.
01:35But whilst you were on break, I wanted to correct you a little.
01:41I have published a newspaper article
01:43in which a detailed response to seven questions was collected by Mr. Rauf Hassan.
01:48In that, he said that PTI was an existing, active and functioning political party
01:53enlisted with ECP under Section 202 of Election Act 2017.
01:58There is no provision in the Election Act 2017 or in its rules
02:02that an enlisted party would lose its organisational structure
02:06after the expiry of five years if no intraparty elections are held within five years.
02:10The response meant to address ECP's reservation said.
02:13So, the organisational structure, again, I am saying that there has been a grave mistake.
02:18And the grave mistake is that he did not go back to PTI.
02:22He joined Sunni Ijtihad Council when a party's structure was existing.
02:27The last thing I would like to say to you is that
02:30this cannot be re-written or re-written.
02:34According to their preference, or the way they want to explain the constitution or the law,
02:40it cannot be done that way.
02:41Or they can say that according to the point of view of necessity,
02:43because we were independent and maybe we were behind a political leader,
02:49yes, we were contested, so we won these seats.
02:52Then we came to another party which did not contest anything,
02:55which did not have its own chairman, fought for its own ticket,
02:58then we joined it, now give us these seats because we did not even fill the list.
03:02So, this will not happen.
03:04The constitution, the law, its rules, its duly applicability,
03:10these will be duly applicable across the board in all political parties.
03:14This cannot be a pick-and-choose.
03:16So, according to your opinion, then...
03:17So, you cannot ask for your preference.
03:19If the new constitution of Jamiat is not approved,
03:22if it is not approved for a moment,
03:23then according to the old version, Jamiat does not qualify
03:26that they should also get a non-Muslim seat according to your opinion.
03:30Am I right?
03:31I have not read their constitution.
03:33So, if you have taken out the time of Sunni Teyaz,
03:35then Sunni Teyaz will not read the constitution.
03:37You should have taken out some time and read Jamiat's constitution.
03:39It would have been a bit more comprehensive.
03:43No, that's right.
03:44That's right, but now see,
03:46what is the decision to be made, I will not comment on it so much.
03:49Yes, it is possible that either they will get it or not,
03:52or no one will get it.
03:54This is a constitutional crisis.
03:56This is a case of first impression.
03:57But a quick comment, sir,
03:58what I said about complaining to the judges,
04:01writing to six judges,
04:04writing to the head of the court separately,
04:05this is not a stain on the current government.
04:08You are a member of the government and a member of the legal fraternity.
04:11So, don't you feel burdened about what is happening?
04:13Absolutely, absolutely.
04:14See, writing to the judges is a very serious matter.
04:17But along with that,
04:18see what kind of aspersions have been cast on the other judges,
04:24including this bench,
04:25in front of which there was a hearing today.
04:27That is, neither a political party saw it nor did they see it.
04:30And on top of that, they said that we do not agree with the head of this bench.
04:36We do not want him to sit in our cases.
04:38So, where did you get the judges from?
04:39Tell me that the judge has to decide for himself whether he wants to sit on this bench or not.
04:45And there is a difference between threatening a judge and doing so, isn't there?
04:51There is a complete difference.
04:52There is a complete difference that you should not use such vulgar words against the judges.
04:57Absolutely not.
04:58Again, it is a political party that has asked the judges to sit on the TV through press conferences.
05:04Mr. Badami also said,
05:06I am sorry, but I don't want to use this word.
05:10But there, there is no cognizance.
05:13It does not come under judicial contempt.
05:15It does not come under any contempt of the court.
05:17When you are abusing the judge, then you should also be abusing the bullet, shouldn't you?
05:24Look, I say across the board,
05:26respect the judges.
05:27Obviously, it is necessary to respect them.
05:30All this cannot come under the guise that
05:33the political party should only see its benefit and see its likeness or dislikeness on the benches.
05:39Yes, justice should be according to the law and the constitution.
05:42And according to the law and constitution,
05:44things should be seen in that context, in that context.
05:47Okay, let's wind up.
05:48I will take the closing comment from you, Mr. Salman.
05:50Before that, you tell us, Mr. Kamran,
05:53you have given your political opinion, of course, everything has come out.
05:55Sir, it will be told.
05:56We will conclude the case from the very beginning.
05:58In your opinion, what are the possible decisions?
06:01That is, either the Sunni Triad Council should get it or not.
06:06Whether the rest should get it or not.
06:08Or there is a possibility that the PTI should get it.
06:10Is that, can that also be a possibility?
06:12Please give a final comment on this, Mr. Kamran Mujtaba.
06:15No, I think that if the PTI gets it and comes to this forum,
06:20then this will not be possible.
06:22Because two forums have been bypassed in the middle.
06:25Either the PTI has come, as Mr. Kamal Chaudhary has said.
06:28But I think that it was not there in the High Court,
06:31and maybe it was not there in the Election Commission of Pakistan.
06:33Okay.
06:34So, if the PTI was not there, then this is not the option.
06:37I don't know what the decision will be.
06:39Because this is not our job.
06:41Our job is only in the court,
06:42to the extent of arguments or to the extent of being presented.
06:45We don't have a job beyond this.
06:47But anyway, I think about the PTI.
06:50It is possible that I am wrong.
06:52It can be wrong.
06:53My opinion can be wrong.
06:55But getting the PTI at this stage,
06:58I think it will not be possible.
07:00And also make a quick comment that
07:02your opinion about the non-Muslim session of the Sunni Triad Council is the same,
07:04or do you also think that their constitution is written,
07:07but this matter is irrelevant to this case.
07:10There is no decision on this.
07:12Either someone would have dealt with this point.
07:14Right.
07:15The Election Commission of Pakistan would have dealt with this.
07:17Correct.
07:17Or the Peshawar High Court would have dealt with this.
07:19And after that, Raitli or Rangli would have said that
07:22the same thing about the JUI.
07:25So, this could have been discussed as a possibility.
07:27And after that, this question would have arisen
07:29that the JUI has been changed later.
07:31Okay, Mr. Salman, a final comment from your side.
07:35I think you have already talked about it.
07:37But if you want to make a final comment regarding this.
07:40Look, it is absolutely clear that the PTI was attacked.
07:44This attack, as has been repeatedly said in the Supreme Court,
07:48was a result of the mistakes of the Election Commission.
07:52Or those mistakes were used.
07:55The Election Commission said exactly this.
07:57I myself filed this case that we should be considered as a member of the PTI.
08:01We should be considered as a candidate of the PTI.
08:04In response to this, there is a decision of the Election Commission on 2nd February,
08:08in which they said that they do not consider Gauhar Khan as a chairman.
08:11Therefore, they do not consider him as a party member.
08:13After that, there was no possibility.
08:15Our structure was not present after the decision of the Election Commission.
08:19So, this is a legal situation.
08:20We could not have joined the PTI.
08:22But this is the reality.
08:24The vast majority of the people of Pakistan voted for the PTI on 8th February.
08:29The candidates of the PTI, who were allowed to succeed,
08:33after their success, they joined the Sunni Jihad Council.
08:38Therefore, the decision of the people of Pakistan,
08:41is present in the Parliament in the form of the Sunni Jihad Council.
08:45The law of democracy requires that it should be respected.
08:48The mistake that the Election Commission made,
08:50should not be ignored and the opinion of the people of Pakistan should not be violated.
08:55And these special sessions should be given to the Sunni Jihad Council.
08:59Apart from this, if there is any decision,
09:01then the form of the Parliament will be ruined.
09:04The Parliament will no longer be a democratic institution.
09:06The Parliament will no longer be a representative institution of the people.
09:11And this is by no means the will of the constitution.
09:14We are not standing on the foundation of a constitutional crisis.
09:17We are standing on the foundation of the destruction of the constitution.
09:19And this destruction is being done by the political parties
09:22and the Election Commission as well.
09:24We hope that the Supreme Court will not let this destruction happen.