• 4 months ago
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Kiya Hukumat Supreme Court Kay Faislay Par Amal Karay Gi? Expert Analysis
Transcript
00:00Mr. Fnaan, please tell us, the matter started with the special sessions.
00:05What is your personal opinion?
00:08The Supreme Court of Pakistan has already given its verdict on this matter.
00:11And they say that there is an increase in the number of requests.
00:14But still, if we talk on principle,
00:16do you think that the PTI should get the sessions or not?
00:24In the name of God, the Most Gracious, the Most Merciful.
00:26Look, the thing is that,
00:29the politicians and the institutions have the responsibility to act on the law.
00:37But the Supreme Court of Pakistan has the biggest responsibility.
00:42Both the interpretation and the practice.
00:44The verdict that has been given,
00:46yes, both the interpretation and the practice,
00:48but the verdict that has been given,
00:50there are some things in it that are contrary to the Election Act 2017.
00:57And it is also contrary to the law.
01:00Now, until the detailed judgment comes,
01:03it can be seen and told what evidence the judges have taken.
01:09Because in the law, it is written that you will have 3 days,
01:13there they have given 15 days.
01:15Then there are other matters that the lists were not filled.
01:19If there is a party that has not contested the election,
01:22how will the list be filled?
01:24But they are covering it under an umbrella of absolute justice.
01:31No, but look,
01:33it means that the law is nothing,
01:36you are ending the legislature.
01:38Of course, Mr. Azad can give a better opinion on this,
01:42but my understanding in this,
01:44which we have seen while talking,
01:47you have mentioned the Election Act 2017.
01:51The constitution of Pakistan has always had authority
01:55and superiority over any act.
01:58Number one.
01:59The second thing is that when we talk about the interpretation of the constitution
02:03and the decisions of the Supreme Court,
02:05and here we are talking about the decision of the full court,
02:09in that, the decisions are also,
02:11in a way, the courts are also there
02:13and in a way, they have the power of law.
02:15This is in your knowledge.
02:17Do you disagree with that?
02:19Look, the constitution has precedence over the act,
02:23there is no doubt about that.
02:25But judges cannot make the law.
02:27They can interpret it,
02:29they can explain it,
02:31but they cannot make the law.
02:33Otherwise, you can end the legislature.
02:35It is written in the constitution
02:37that the work of the legislature
02:39is of the politicians.
02:41Similarly, the work of the court
02:43is to make the decision,
02:45to interpret the constitution,
02:47it is the work of the legislature.
02:49So, if it is like this,
02:51then it will be like the first decision of 63A
02:53and it was said that
02:55the head of the party is disqualified
02:57because Mr. Nawaz Sharif was the head of the party
02:59and then later it was said
03:01that the parliamentary leader will run
03:03when the matter happened in Punjab.
03:05So, there is a problem of such decisions
03:07because if you do not make the law and constitution
03:11then you will have to face the consequences.
03:13Before moving forward,
03:15I would like to understand
03:17that you are saying that
03:19the PTI sessions should not have been held.
03:21I think that
03:23the decision that has been made
03:25is not in accordance with the law.
03:27If they give such an explanation
03:29in the detailed judgment,
03:31then I will look into it.
03:33But I have read it many times
03:35in the short order.
03:37I did not understand any reason
03:39and I did not understand
03:41how it was interpreted
03:43and how the election act was done.
03:45There is no request.
03:47They have not asked for anything
03:49and they have given it to them.
03:51So, all these things
03:53will have to be looked into
03:55and we have gone to the review
03:57and we hope that
03:59there will be more clarity on this
04:01from the court.
04:03Let's hope so.
04:05Mr. Riyasat Ali Azad,
04:08Mr. Satti,
04:10can you hear me?
04:12Yes, yes, I can hear you.
04:14I can hear you all.
04:16Hello?
04:18We will try to connect you again.
04:20Mr. Azad,
04:22let me ask you a question.
04:24We are talking about the sessions.
04:26What is the viewpoint
04:28of the People's Party on this matter?
04:30The Supreme Court of Pakistan
04:32has already made a decision regarding this.
04:34We often say that
04:36it was the Supreme Court's decision.
04:38Is there any objection to this
04:40from Noorli's side?
04:44Look,
04:46I think that
04:48even after talking
04:50to the court,
04:52the court
04:54thinks that
04:56our decisions
04:58should not be discussed
05:00and many people
05:02received notices
05:04Look,
05:06the way you were talking
05:08and the way I was listening
05:10and trying to understand
05:12I think the Senator
05:14was saying
05:16that the
05:18Jamaat that has asked for seats
05:20the majority
05:22of which
05:24is in that house
05:26how many are there?
05:28So, on that basis
05:30all these things
05:32kept happening
05:34and the punishment
05:36that is not done by the court
05:38how can the court
05:40give relief on that?
05:42So,
05:44there are some intricacies
05:46that should not be there
05:48and then the decisions
05:50if it is said
05:52that the law
05:54that the legislators have made
05:56that law is contrary
05:58to the law
06:00then
06:02there is a need
06:04to see
06:06if the decisions
06:08are contrary to the law
06:10No, so
06:12Mr. Hassan,
06:14this is a very interesting statement
06:16but the thing is
06:18only one institution has the right
06:20to interpret the law
06:22and that is the Supreme Court of Pakistan
06:24So, who will decide
06:26if it is contrary or not?
06:29You are absolutely right
06:31and it is the authority
06:33of the Supreme Court
06:35to interpret the law
06:37there is no doubt about it
06:39but that interpretation
06:41it looks like
06:43that the interpretation is correct
06:45according to the law
06:47if any party has a disagreement
06:49then
06:51it can be reviewed
06:53so I think
06:55the government is going for a review
06:57Yes, they have gone for a review
06:59We have also talked about Imtana
07:01I think they are yet to decide

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