"Hoskata hai koi Mutafiqa Faisla Ajaye,Hoskata Hai kisi ko Seats..." Court Reporter Analysis
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"Hoskata hai koi Mutafiqa Faisla Ajaye,Hoskata Hai kisi ko Seats..." Court Reporter Analysis
"Hoskata hai koi Mutafiqa Faisla Ajaye,Hoskata Hai kisi ko Seats..." Court Reporter Analysis
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00:00Another thing that was happening in your program a little while ago,
00:03if we talk about the facts, the first bench that was made,
00:06after which this full court was given,
00:08when the meeting of the Practitioner's Pushpa Committee was going on,
00:11a proposal came in that there should be 5 benches.
00:14There should be 5 benches that listen to the case.
00:17But after that, another member of the committee gave the opinion that no, not 5,
00:21there should be 7 benches that listen to this case.
00:24So then Qazi Faisal Sahib said, leave these 5 and 7,
00:28and make a full court.
00:30Whatever the opinion of the full court is,
00:32because this is a case of first impression,
00:34it is the first case of its kind,
00:36and it is a very common question,
00:38and you also know that such a question
00:40has never been raised in the history of Pakistan.
00:42It has never been raised in the history of justice.
00:44So that is why a full court has been made.
00:46So tomorrow, whatever the decision is,
00:48it will be the Supreme Court's decision,
00:50whether it is Qazi Faisal Sahib or Qazi Faisal Milauddin
00:52or some other judge, it will be the Supreme Court's decision.
00:54We cannot single out a judge and say,
00:56this is the judge's decision,
00:58and this is the minority's decision.
01:00Whatever the decision is,
01:02it will be the Supreme Court's decision.
01:04Or it may even be a unanimous decision.
01:06Oh, a unanimous decision.
01:08So this argument first,
01:10that generally the majority,
01:12like I gave you an example
01:14when JIT was made in Panama,
01:16that the decision to make JIT
01:18was made by Justice Sajjad Afzal Sahib.
01:20Generally this practice is that
01:22the writer makes the decision,
01:24or the minority,
01:26like me and you,
01:28any judge is in the minority,
01:30it's a 8-5 decision,
01:32or a 7-6 decision,
01:34but even the minority,
01:36even if they are the chief judge,
01:38the bench head,
01:40anyone can make the decision.
01:42But in the order of the court,
01:44how many petitions are allowed
01:46and how many are dismissed,
01:48on what terms are they allowed,
01:50this will be one thing.
01:52The majority or the minority,
01:54the petition will be allowed
01:56by the majority or the minority.
01:58After that, you can see on the website
02:00whatever the order is.
02:02Or the way it seems to the judges,
02:04there can be different views on this.
02:06Some judges may be giving it
02:08to the Sunni Ijtihad Council,
02:10some to the PTI,
02:12the majority may say,
02:14don't give it to anyone.
02:16And the minority may say,
02:18no, the petition is dismissed,
02:20the government has got it.
02:22So these are the possibilities.
02:24And in the last two days,
02:26there were discussions
02:28to find a way out.
02:30But I think,
02:32there is no way out.
02:34And the reason is the Constitution Amendment.
02:36The real issue is the Constitution Amendment.
02:38The matter of Pakistan's politics
02:40or the Supreme Court,
02:42I will tell you,
02:44people will want to hear,
02:46I will go to Imran with this question,
02:48if this amendment is passed,
02:50and the tenure of judges
02:52or their age is increased by three years,
02:54then Qazi Faiz Shah will remain
02:56Chief Justice of Pakistan for three more years.
02:58Which many people think
03:00will change the politics of the country.
03:02The PTI does not benefit from these seats.
03:04But if the government-led Ijtihad
03:06gets these seats,
03:08then the government-led Ijtihad
03:10will be able to make the amendment
03:12which will
03:14make the judicial politics
03:16of the country.
03:18Judicial politics will definitely change.
03:20Qazi Faiz Shah is leaving
03:22on October 25th.
03:24Imran, what is your view on this?
03:26It has a lot to do
03:28with judicial politics?
03:30I am a state forward.
03:32I will speak directly.
03:34If we discuss here
03:36that there is an amendment
03:38that if the government
03:40gets these seats,
03:42then Qazi Faiz Shah will benefit from it.
03:44He will benefit
03:46only when
03:48this amendment
03:50is tabled somewhere.
03:52If we talk about the facts,
03:54there is no such amendment.
03:56But the Law Minister has said
03:58in the Judicial Commission meeting
04:00that this amendment is not there.
04:02The Law Minister
04:04in the Judicial Commission meeting
04:06talked about the appointment of judges.
04:08The method of the speeches of the judges
04:10is being questioned since
04:12the amendment was passed.
04:14What kind of method is this
04:16that all the cases
04:18in the High Court,
04:20Supreme Court,
04:22the nominations of the judges
04:24are given to the judiciary side
04:26and there is no oversight
04:28of the Parliament.
04:30So this was being discussed
04:32in that context
04:34and in that meeting
04:36some rules were also presented.
04:38Those rules were also presented.
04:40If any judge
04:42like in the Practice and Posture Committee,
04:44the full court is made up of 13 members,
04:46if someone is greedy for a tenure,
04:48if someone has some other thing,
04:50then in view of that,
04:52the new decisions
04:54that were going to be made,
04:56the three other judges who came to the Supreme Court,
04:58then it was possible that they would also be included.
05:00Here when in the Practice and Posture Committee
05:02the bench composition was being discussed,
05:04then if someone
05:06needs an extension
05:08then he could have objected,
05:10he could have waited
05:12for the Practice and Posture Committee
05:14to be delayed,
05:16some new judges should come
05:18and the bench of their choice,
05:20there is a Chief Justice sitting
05:22so when he came,
05:24easily
05:26he could not have
05:28refused.
05:30Imran, you are saying
05:32that there is no such judicial politics.
05:34Call Imran again,
05:36I think Imran's line
05:38has been cut.
05:40I wanted to ask Imran,
05:42going back to it,
05:44the Sunni Tat Council's
05:46lawyer was asked
05:48how long, he said 20 minutes,
05:508-10 days went by,
05:52then he was moved ahead.
05:54At that time, there was a big debate
05:56that the Qazi was saying
05:58to finish him quickly,
06:00we have to hear more cases.
06:02Do you think there is a majority or not?
06:04I think from the very beginning,
06:06the Chief Justice Qazi Faisal Surajyal
06:08could not be assessed,
06:10when he filed a case
06:12in front of the 3rd Dupree Bench,
06:14it was a leave grant,
06:16it would not have been suspended,
06:18the 78 members who were
06:20in the other parties,
06:22the suspension and the
06:24remarks, the order of
06:26Justice Mansoor Ali Shah,
06:28it was more than that.
06:30There was a line
06:32that he was suspended,
06:34we will see what happens next.
06:36People mandate that should be
06:38reflected in the Parliament.
06:40It is not possible that you win
06:42one seat and you get 70 seats.
06:44How is this possible?
06:46When the Supreme Court
06:48practice and procedure act was
06:50announced, there was a discussion
06:52that the constitution amendment
06:54government is bringing,
06:56the tenure of the Chief Justice
06:58should not be given to the
07:00Chief Justice of the future.
07:02Those judges should not
07:04become the Chief Justice.
07:06Muneeb's point of view was
07:08that there should be a bench
07:10of 7 judges,
07:12then the full court was discussed.
07:14When the full court was discussed,
07:16Mansoor Ali Shah,
07:18because he had a leave granting
07:20order, he dissented and
07:22Justice Qazi Faisal said
07:24who can oppose the full court.
07:26The full court was made.
07:28Now all the decisions are
07:30being made from 2-1.
07:32Even the military court
07:34has been made from 2-1.
07:36Now we will see what happens
07:38in the future.
07:40Because the situation is
07:42getting worse day by day.
07:44So when the case was
07:46launched,
07:48it was also
07:50that...
07:52In this case,
07:54there are nominations for
07:56Justice Qazi Faisal,
07:58so why didn't the election commission
08:00do this?
08:02When the interpretation was asked
08:04from the lawyer of the election
08:06commission,
08:08then it was revealed that
08:10a wrong interpretation
08:12of the decision has been made.
08:14So now the complete justice
08:16argument has come that
08:18when you have to give
08:20complete justice,
08:22then you have to give
08:24complete justice.
08:26And Justice Qazi Faisal said that
08:28the text is very clear,
08:30that the political parties
08:32have to get justice.
08:34So Justice Qazi Faisal said
08:36that there are 4 judges
08:38who will support his point of view.
08:40Now the opinion of 2 judges
08:42is still very important.
08:44Justice Muhammad Ali Mazhar
08:46and Justice Hassan Rizvi.
08:48I think the majority
08:50will vote for Justice Qazi Faisal.
08:52But I think the third point of view
08:54is that no one should get it.
08:56Neither the PTI nor the
08:58Akumaran Jamaat should get these seats.