• 4 months ago
#adhoc #supremecourt #azamnazeertarar #PTI #qazifaiezisa

Ad Hoc Appointments At The Supreme Court | Govt vs PTI | Khawar Ghumman's Analysis
Transcript
00:00You have seen, a notification has come in front of us that a meeting is going to be held in the morning of the Supreme Judicial Commission
00:06regarding the appointment of ad-hoc judges.
00:09Article 82 states that if there is a matter of quorum or if there is any other reason,
00:14then the Chief Justice can appoint ad-hoc judges.
00:17This has happened in the past as well.
00:18But this is a separate matter that for the last 10 years, there has been no ad-hoc judge from 2015 onwards.
00:23Now, a lot of debate has started on this.
00:25Today, I was seeing that a press release has come from the Lahore High Court Bar.
00:33They have put it in front of you that the retired judges of the Pakistan Bar and Gokhla Supreme Court
00:36have been opposed to the appointment of ad-hoc judges.
00:40Because such statements badly affect the freedom of the court.
00:44The famous decision of the Supreme Court in the Al-Jihad Trust case
00:48strongly opposed the ad-hoc judges in the court.
00:52And in the last 10 years, there has been no such statement in the Supreme Court.
00:55The Lahore High Court Bar Association has strongly opposed the appointment of 4 ad-hoc judges
00:58by the Chief Justice of Pakistan in the Supreme Court.
01:05The Lahore High Court Bar Association
01:07praises the retired judge, Mr. Mishir Alam, for refusing to accept such a statement.
01:13The Lahore High Court Bar Association has asked other renowned retired judges
01:19to do the same for the freedom of the court.
01:22The Lahore High Court Bar Association has asked the Judicial Commission of Pakistan
01:26to refuse to accept such a statement on Friday, July 19, 2024.
01:35Today, Justice Manjoor Bakir has also made a statement.
01:41The appointment of ad-hoc judges is legal and legal.
01:45There is nothing wrong with the number of pending cases.
01:49And if the Chief Justice is doing this, then he is doing the right thing.
01:52But because of my personal business,
01:54I am not doing the appointment of ad-hoc judges.
02:04On this, you have seen the rest of the Bar Association.
02:08The opinion of a single side of the Pakistan Bar Association has also come to light
02:14that this should not happen.
02:16Ad-hoc judges should be permanently appointed in the Supreme Court.
02:22The opinion of the Peshawar High Court Bar Association and the Karachi Bar Association has also come to light.
02:26And this is a good and special matter.
02:28It is now becoming political.
02:30A while ago, Hassan was saying that the Pakistan Bar Association should make a constitutional court.
02:38I will ask him that.
02:40Obviously, the constitutional court is not present in the constitutional scheme of Pakistan.
02:42A new constitution will have to be made.
02:45Obviously, you will have to go back to the Supreme Court in the parliament.
02:47We will talk about this too.
02:49But first of all, we will talk about
02:51Azam Nazeer Tariq, the law minister.
02:53When he was asked about this, what did he say?
02:57The first thing is that this proposal has just come.
03:01And who has to go in front of this proposal?
03:03The Chief Justice does not have to appoint.
03:05This has to be appointed by the Judicial Commission of Pakistan.
03:07Decisions are made through vote there.
03:09And after giving reason and logic.
03:12So this is also not a constitutional decision?
03:14Sir, then this is also not a constitutional decision?
03:16No, it is not.
03:18It is the common sense that
03:20he has floated an agenda.
03:22Article 182 of the Pakistani Constitution allows
03:24you to invite retired judges
03:26within three years.
03:28If they consent.
03:30If the commission appoints them,
03:32they will come.
03:34Your opinion is that these ad hoc judges should be included?
03:36It is important to include them
03:38because if they are not,
03:41then they should come.
03:43If they are not, then they should come.
03:45Benches should be there.
03:47Leader of the opposition, Umar Youb,
03:49who is present in the National Assembly,
03:51after the meeting of his party,
03:53he expressed his thoughts
03:55on the issue of ad hoc judges.
03:59Ad hoc judges, Supreme Court.
04:03We want Chief Justice Qazi Faiz Issa.
04:07We have a demand here.
04:10We have a demand that
04:12Pakistan should not listen
04:14to any case of Tariq-e-Insaaf
04:16or Sunni-Ijtihad Council.
04:18They are a partisan party.
04:20They have given their mind.
04:22We will not accept their participation
04:24on the bench
04:26to listen to our cases.
04:30By appointing three or two or four
04:32ad hoc judges,
04:34these 56,000 cases
04:36will not end.
04:38The aim of Chief Justice Qazi Faiz Issa
04:40is that
04:42he should appoint
04:44his own ad hoc judges
04:46who are the supporters
04:48of the revolution of Pakistan
04:50and especially we,
04:52the political workers,
04:54reject and condemn this.
04:58Barrister Gohar Ali Khan,
05:00the chairman of PTI,
05:02has not yet been accepted by the Election Commission.
05:04He is the chairman of his own internal election.
05:07Let's listen to his advice
05:09on appointing four judges.
05:11To bring four judges
05:13ad hoc together
05:15and bring them on leave
05:17is the same as
05:19when Chief Justice
05:21has been retired for almost a month.
05:23To bring these four judges
05:25is also based on
05:27malice for three years.
05:29We do not think
05:31this will benefit the nation
05:33and will increase
05:36the number of judges.
05:38This ad hocism is necessary
05:40for freedom of justice.
05:42We are writing all the reservations
05:44and sending them to the Supreme Judicial Council
05:46to keep an eye on them
05:48and prevent such actions.

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