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Ban on PTI | What does the constitution say...? | Detail Analysis
Ban on PTI | What does the constitution say...? | Detail Analysis
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00:00Now, it is very important to give you a little understanding, because we have a complete book of Ayn-e-Pakistan available with us.
00:06So, please tell us, which article of the Ayn will be used and on what basis will this be carried out?
00:12So, we will show you in the form of a few slides.
00:15Article 17, basically, under which it has been discussed to impose restrictions on this movement.
00:21So, let's see what Article 17 is and which Ayn-e-Pakistan and legal requirements the government will have to meet to impose restrictions on a political party.
00:28So, basically, according to Article 17, Shik 2, the government of Pakistan can announce that
00:33any political party that is being made in such a way or is acting in such a way, which is harmful to the politics of Pakistan,
00:40then the government of the alliance will have to send the matter to the Supreme Court within 15 days of this announcement and approval from the Cabinet.
00:46And on this matter, that is, on this matter of restriction, the Supreme Court's decision will be final.
00:52Okay, along with this, the matter does not end here.
00:55According to the experts of law, the government of the alliance has to provide a detailed report and a chart sheet for the implementation of restrictions on the political party.
01:03Okay, the cabinet of the alliance requires a report from the security agencies regarding this political party.
01:07Okay.
01:08And on which it is accused of spreading terrorism in the country or acting against the law.
01:13If the cabinet of the alliance feels that a political party is involved in the enemy government, then the cabinet agrees to the restrictions.
01:21Okay, then what happens after that?
01:23Both the National Assembly and the Senate agree that this is a terrorist group and restrictions should be imposed on it.
01:29Okay, after approval from the cabinet and the parliament, a restriction is imposed on the infamous political group through the notification of the Ministry of Internal Affairs.
01:37Okay, then what happens is that the members of the National Assembly of that group,
01:41then after this decision, after the notification, the election commission denotifies them and they do not remain silent.
01:51Okay, now what can happen on this?
01:53After this, it is possible that the Ministry of Internal Affairs and the Supreme Court can also be appealed against this restriction.
01:59Now, it is obvious that going to the Ministry of Internal Affairs will prove useless in this matter.
02:02So, the option of the Supreme Court of Pakistan is present and the right to final decision is also with the Supreme Court of Pakistan.
02:08Okay, then along with this, the issue of foreign funding, the issue of illegal funding, there is also a section on this.
02:16That is, in Article 17, Section 3, political parties are prohibited from telling their financial resources.
02:22And in August 2022, as I mentioned in the beginning, the election commission said in the case of illegal funding that allegations of taking illegal funds from foreign countries have been proven on PTI.
02:33And after this decision, the government submitted a declaration to the Supreme Court under the Political Parties Act 2002 for action against PTI.
02:41But this matter could not move forward.
02:44So, I tried to explain this to you in the form of slides that basically what is the procedure, how this matter can move forward.
02:52So, let me introduce our guest to you.
02:54Mr. Abid Zubairi, Mr. Abid Zubairi is a law expert and is also the former president of the Supreme Court Bar.
03:01Thank you very much for taking out time for us.
03:03Senator Humayun Muhammad is with us.
03:05He is related to Pakistan Terrican.
03:07Thank you very much.
03:09Mr. Yahya Fareed is also with us.
03:12And he is also a law expert, so let's talk to him.
03:16So, starting from you, Mr. Abid Zubairi.
03:18These matters are...
03:20As I was talking to Mr. Atta Tarar, how he did the press conference and what decisions and announcements were made in it.
03:28Before going live in the show, you must be aware that this physical remand has also been approved in 12 cases, which are related to 9.
03:37So, was that anticipated?
03:39And is that connected to the 12th of July verdict?
03:45In the name of God, the most gracious, the most merciful.
03:47Of course, it is related to the 12th of July.
03:49But you see, the next day he was acquitted in the Iddat case.
03:55And after that, all the cases that were made against him, the fake cases that were made,
03:58we were saying from the beginning that in these cases, in which Saifar, Tosha Khana, etc.
04:02You see, suddenly the NAB team arrives.
04:04They arrest their wife in Tosha Khana.
04:08And then, a few days before that, an anti-terrorism court judge removed their pre-arrest bails.
04:16So, we were thinking that whenever this will happen in the Iddat case, they will be arrested in other cases.
04:21And today, you see, in the 12 cases of 9th of May, 100 cases were made.
04:24But today, look at the consequences of the 12th of May cases.
04:27Until today, not a single conviction has been made.
04:29Everyone has been given bail.
04:30Even the Supreme Court has given bail to some of the people who were accused in those cases.
04:35So, you see, this is the job of the government.
04:38All their agencies, police, FIA, etc. are under their control.
04:43The job of the prosecution is to come and prove their case.
04:48If a person is found guilty, he should be punished.
04:52But, you see, nothing has happened so far.
04:54Then, look at the 9th of May case.
04:56How long has it been?
04:58Now, they are being arrested.
05:00The decision has been made.
05:01Because, you see, we don't have a democracy here.
05:03We have become a police state.
05:05With Imran Khan, with his party members, with Sanam Javed,
05:08whom I myself saw in Islamabad, in the High Court,
05:11which was done with that girl,
05:13in which society do we live?
05:15What are human rights?
05:16What is the rule of law?
05:17Today, we are talking about constitutionalism.
05:19So, you see, we are in a police state.
05:21And, from where things are being controlled,
05:23they do whatever they want.
05:25I say that this government is a bad name.
05:27What can be a more fascist government than this,
05:30which is happening with people in this country,
05:32for the rule of law?
05:33They are doing a little bit of resistance.
05:35The court is trying on its own.
05:37But, look at how they attacked it.
05:39Last year, when the court said,
05:41I am holding an election on the 90th day,
05:43you used to abuse them.
05:44Abuses were given in the Parliament.
05:46The Election Commission said,
05:48we cannot hold an election.
05:49The Finance Commission said,
05:50we cannot give money.
05:51The army said,
05:52we cannot give security.
05:53So, there was no election in our country,
05:55within 90 hours.
05:56Everyone said,
05:57all the elections will be held together.
05:58You see, last year,
05:59there was a Supreme Court order.
06:00I myself was in that case,
06:01as President of the Islamabad High Court Bar,
06:03which we represented.
06:04So, you see,
06:05elections were not held on time in this country.
06:07The constitution was not broken.
06:09There was a requirement for the constitution.
06:11There was a Supreme Court order.
06:12Despite that,
06:13no one agreed.
06:15So, you see,
06:16what else can be done
06:17in this country
06:18with the help of laws?
06:19But you see,
06:20today,
06:21because the party
06:22is getting more and more accepted,
06:24because the more they oppress,
06:26the more people will support them.
06:28So, you see,
06:29they will try to suppress it.
06:31And when you see,
06:32when a government like this
06:34is falling apart,
06:35this is a part of history.
06:37At that time,
06:38they use the laws
06:39in such a way
06:40that they continue to oppress more.
06:42So, you see,
06:43they continue to oppress more.
06:45I mean,
06:46they become very cruel.
06:47You read history,
06:48this is what happens in it.
06:49Now they are playing
06:50their last game
06:51because this is the rule
06:52of Form 47.
06:53Because you see,
06:54what else will happen?
06:55I mean,
06:56what more can you do?
06:57They will do to Imran Khan,
06:58they will put Article 6,
06:59the Supreme Court
07:00will ban his party,
07:01they will put 50 more cases on him,
07:03then he will get a bail,
07:04he will be arrested
07:05in someone else.
07:06Today,
07:07the team from Quetta
07:08has arrived to take the girl.
07:09Quetta,
07:10eventually,
07:12eventually,
07:13every one of them
07:14goes to Quetta.
07:15Then he gets released from there.
07:16Okay.
07:17You see,
07:18eventually,
07:19in the end,
07:20Quetta also registers the case.
07:21The person
07:22who is in Lahore,
07:23may be locked up somewhere,
07:24but the case is registered
07:25in Quetta.
07:26And it will happen
07:27in Sindh.
07:28So, these are all things.
07:29I think
07:30they should try
07:31but the Supreme Court,
07:32look at them
07:33because what will happen here,
07:34you read Article 17.2,
07:35they will have to
07:36file a reference
07:37in 15 days
07:38and the Supreme Court
07:39will decide on it.
07:40The word used
07:41decision means
07:42they will have to give evidence.