Salman Akram Raja's detailed analysis on the appointment of ad hoc judges in the Supreme Court
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Salman Akram Raja's detailed analysis on the appointment of ad hoc judges in the Supreme Court
Salman Akram Raja's detailed analysis on the appointment of ad hoc judges in the Supreme Court
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00:00According to Article 182 of the Constitution, if the court is not able to hold a court session due to the absence of a quorum of the judges of the Supreme Court,
00:13then the court can temporarily appoint an ad-hoc judge for whom the consultation of the Judicial Commission and the approval of the President are necessary.
00:23Now, the ad-hoc judges will naturally have the equal rights of the regular judges of the Supreme Court,
00:30but when the focus is on temporary nature for any reason, then why is so much criticism from you?
00:41Look, the timing of this is being done on the occasion, due to which obvious doubts are arising and criticism is also being done.
00:51If it had been said four or six months ago that since there is a lot of work, there are a lot of cases that are not being heard,
00:59that is why we need four more judges in the Supreme Court temporarily for six months, then the matter would have been understood.
01:06But now it has happened that almost 12 months have passed since the tenure of the Chief Justice.
01:13Suddenly it occurred to me that it would be great if there were four more judges.
01:17However, recently we saw in a case that the Chief Justice was left alone.
01:22Obviously, that case was such that many parties were interested in it.
01:31So, in such a case, when this judge is appointed or the indication of appointing is given,
01:37and it is also said that a reference will be brought to the Supreme Court against the PTI,
01:42that the PTI should be banned, that it should be said in reference to the PTI that it is a community that works against national integrity and self-determination,
01:51then it seems that the court is being arranged in a new way so that the minority can be made the majority.
02:02So, this opportunity of the appointment of four judges raises such questions.
02:08Sir, you do not have a problem with pending cases of around 54,000 to 60,000.
02:14You do not have a problem with 25% criminal appeals pending.
02:17There is a need, but due to time, it is being mixed up.
02:21And is it possible to raise questions about the best way?
02:24If this discussion had taken place before in the Judicial Commission of Pakistan,
02:29if the discussion had taken place inside first, and if it had been discussed later,
02:33would it have been better? Because right now, these are assumptions and conspiracies.
02:37No, no, look, the timing, the way it is being done, the context and context of it,
02:43with that, I think, the cases are not only strengthened, but the matter becomes clear.
02:49Look, the thousands of cases you have mentioned, they are always there.
02:53At any time, it will not happen in our history that the cases that are pending,
02:58they become zero, or they become one thousand, or two thousand.
03:01It is a number, it will remain.
03:03Either you say that we have to increase the number of judges from 17 to 27 in the Supreme Court.
03:11Why don't we do it? This can also be done.
03:14A constitutional amendment can be made, but we do not do that.
03:17We are saying that for an indefinite period, four more judges should be appointed.
03:22Salman Akram Raja Sahib, he feels that this does merit, given that the litigants are suffering.
03:28The litigants are suffering a heavy loss.
03:31No, it is not like that. Look, this is a bookish thing.
03:34We know that the history of Pakistan is based on the fact
03:38that which judges are in accordance with the wishes of the establishment,
03:44and which judges are not.
03:46We start the story with the case of Maulvi Tadmizuddin and Justice Muneer,
03:50and bring it to the day today.
03:52So don't say that all judges are the same, they are not.
03:55Some judges are there who are actually friends of the people,
03:59they actually want to explain the law, which is bad.
04:02And some judges are there who explain continuously,
04:05which is the center of power, according to his wishes.
04:08So there should be no doubt that this is not the case here.
04:12Bookish things are in their place, we know the reality.
04:15You wanted that this discussion should have been done inside,
04:18and then there would have been open names.
04:20Yes, let me tell you.
04:22Appointing an ad-hoc judge is not the solution to any problem.
04:25If you appoint an ad-hoc judge for 4 months or 3 years,
04:28what will happen after that?
04:30Cases are being filed in our country.
04:32Population is increasing, disputes are increasing.
04:34Your land records system is wrong.
04:36You don't get justice in the court.
04:39False cases are being filed. That is the real issue.
04:43Why don't you appoint an army judge?
04:48Why do you need an ad-hoc judge for that?
04:51Or sit in the parliament, amend the law,
04:54and say that we need 21 permanent judges.
04:57We need 25 permanent judges.
04:59Let me tell you, Mr. Salman,
05:01if such conditionalities are imposed on it,
05:04that for a long period of 3 years,
05:07it should be reduced to 1 year,
05:10or something more reasonable.
05:12Number two, sir,
05:14no judge will listen to political or political nature cases.
05:18They won't listen to cases that can change the political situation.
05:23But cases that were pending before their appointment,
05:26will be presented to them.
05:29And second, Chief Justice Qazi Faiz Esa,
05:32make a bench that he is heading,
05:35there won't be ad-hoc judges.
05:37Because your biggest problem is that
05:39you are saying that we are taking care of them.
05:42If these conditions are present,
05:44is it then acceptable to you?
05:46Who will impose these conditions?
05:48There must be a legal way to impose these conditions.
05:51These conditions cannot be imposed in the air.
05:53There is no such restriction in the constitution.
05:55When you appoint an ad-hoc judge,
05:57two have apologized,
05:58you will get two more names.
06:00So it won't be difficult for you to appoint four judges.
06:04You cannot impose any restriction
06:06in the constitution.
06:07There is no such restriction in the constitution
06:09that they will listen to a particular nature case
06:11or they will sit in a particular bench.
06:13Once you appoint them,
06:15then they will...
06:16Sir, but your complaint about the court packing is baseless.
06:19Justice Mansoor Ali Shah is sitting with Qazi Faiz Esa,
06:22Justice Muneeb is also sitting with Qazi Faiz Esa.
06:25I mean...
06:26No, it is not baseless.
06:27Look, this historian will talk about it.
06:29We will see.
06:30We always understand one thing.
06:33History is the last court.
06:35Some things cannot be said at this time.
06:37Some things we all see,
06:39we know,
06:40and they are written in history.
06:42The historian talks about them.
06:44Look, this is our reality
06:46that bench formation has been the most important event
06:49in our judicial history.
06:51When the National Imami Party was to be dismissed
06:54or to be dismissed,
06:55Wali Khan Sahib appeared in court.
06:57He objected to the formation of the bench.
06:59His objections were rejected
07:01and then that party was dismissed.
07:04The same thing happened in Mr. Putto's appeal.
07:06The judges who did not want to work with him
07:09were chosen and dismissed.
07:12One was told that his degree is valid.
07:15Justice Sabtar Shah.
07:17So this story has been going on since the beginning.
07:20The formation of the bench and the formation of the court
07:22are the most important events
07:24in the decision of any case.
07:26But sir, this is still very much part of the constitution.
07:29This is still very much part of the constitution.
07:31No gamesmanship or any sinister plan
07:34can be taken up.
07:36This is a part of the constitution.
07:38The law allows it.
07:40Look, we are not born today.
07:42We are 76-77 years old.
07:44It is written in the book
07:46that every work will be done with good intentions.
07:48But when all the work is not done with good intentions,
07:50when there is a polarized environment,
07:52when we have a history,
07:54when we have the wishes of Muqtadara,
07:56then we should take a step in that environment.
07:58Yes, what will you say, Mr. Salman Akram Raja?
08:02Any timing is everything.
08:04It is all about timing.
08:06The timing of this is not right.
08:10And look, there is no need to go into too much detail.
08:14The judges who are being mentioned,
08:16one of them suspended the decision
08:18of the five judges in the military courts.
08:22As a result,
08:24you see, it's been a long time,
08:26it's been a year and a half.
08:28Those people who should have been acquitted
08:30under the decision of the five judges,
08:32or at least come out of military custody,
08:34they are still...
08:36Sir, but Justice Tariq also gave a decision
08:38in favour of you in the Cypher case,
08:40by giving bail to Imran Khan.
08:42Look, sitting on a big bench
08:44and being in the minority is something else.
08:46But look, we have rights.
08:48And there is a reason for rights.
08:50A decision was made by the high courts
08:52to arrest people one by one.
08:54The case of Sanam Javed is in front of you.
08:56You arrest one person in six different cities
08:58on the same day,
09:00putting an incident.
09:02At one place there is a bail,
09:04at another place there is a joke.
09:06According to that, the high courts
09:08decided that in this case,
09:10there will be no arrest again
09:12without informing the court.
09:14That decision was also rejected in the Supreme Court,
09:16due to which the corruption of the past year
09:18is possible.
09:20If it was said that these women
09:22or these people who are arrested
09:24again and again,
09:26before arresting them,
09:28a reasonable reason would be given to the court,
09:30then all this would not have happened.