What ambiguity did PTI face? Legal expert Qaiser Imam's analysis
What ambiguity did PTI face? Legal expert Qaiser Imam's analysis
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00:00How do you see today's general decision?
00:05I think today's decision will be a pioneer decision in the political and constitutional history of Pakistan.
00:18And many things will be constituted on it.
00:21The most important thing is that the PTI's advisers thought that after the election, the party is not in existence and the political party is not present.
00:35The Supreme Court clarified that the existence of the political party is a completely separate thing.
00:43And it has no impact on the existence of the political party at all.
00:49I think many political parties and law-abiding people had this ambiguity for a long time.
00:59And the level of this ambiguity was such that many institutions became victims of it and misinterpreted it.
01:08Secondly, what should be the criteria of the reserved seats? How should those seats be obtained?
01:15In that regard, I think that this case was a case of first impression.
01:22In which the Supreme Court not only had to interpret many things, but also had to go to the law and find a way
01:33that the word peculiar circumstances of this election was used again and again.
01:38It tells that these principles will not be applicable to everything.
01:43In fact, the Supreme Court has given some directions in the context of this special election.
01:48Which will only apply up to this point and will not be used as precedent in the future.
01:55But the legal point that has been decided in this is that the reserved seats will be given to the party that has participated in the general election.
02:07It cannot be given to any other party on the basis that these seats are left.
02:14Therefore, the rest of the political parties should be divided.
02:18Secondly, the Supreme Court has also clearly decided that it is not necessary that a candidate from a political party is contesting the election.
02:31He should write in very express terms that from where he is hailing.
02:37In a special situation, if from those documents this point or this impression is also coming in front of the Election Commission.
02:45That he is hailing from this party or joining his nexus from this party.
02:50Or this party is owning him and he also wants to be related to this party.
02:55Then this thing will be given weight and it will be counted in the same party.
03:01The majority decision in the 39 seats that were discussed is that the forms that were collected here and the forms that were given by those candidates.
03:11If it is written anywhere in those 39 seats that they are candidates from PTI.
03:18Then they will be counted as candidates of PTI.
03:23The rest of the seats that the Supreme Court has drawn the timelines.
03:27I understand that although this is reading into the law.
03:31But the Supreme Court has kept it in peculiar circumstances.
03:34Mr. Kaisar, I wanted a little clarification.
03:37That was that you were saying that this was a delusion.
03:42At that time, the situation was such that everyone was a victim of delusion.
03:45Who benefited from this delusion?
03:50Who gained from it?
04:15As a party.
04:19This was their understanding.
04:20Now, if a person understands this or the political party's lawyers understand that this was not their understanding.
04:26So, if they did not have this understanding.
04:29So, after the election commission's decision came that when the mark was taken from them and then it was upheld.
04:35They would never have met the Sunni council.
04:40This was their understanding that now they are no more a political party.
04:44And because of this, they met the SIC.
04:47So, the Supreme Court has made it clear that for a specific election.
04:52Even if there is no mark, the political party is still existing.
04:57They can give their candidate.
05:00Yes, the mark will be different on which they will fight.
05:03And they will get the reserve seats from that ratio.