"Supreme Court nay Constitution and Law Main Rehte Howay Faisla" Riasat Ali Azad's Analysis
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"Supreme Court nay Constitution and Law Main Rehte Howay Faisla..." Riasat Ali Azad's Analysis
"Supreme Court nay Constitution and Law Main Rehte Howay Faisla..." Riasat Ali Azad's Analysis
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00:00Rehasat Ali Azad, I'm sure you must be able to hear me.
00:03I've heard your point of view on this matter.
00:05Mr. Sati, I've heard all three brothers,
00:08because they are both political.
00:10I have an impartial view about the High Court Bar Association.
00:16I'll tell you the interpretation of the law,
00:19the importance of the Supreme Court's judgement.
00:22Okay.
00:23The question is,
00:24the Supreme Court of Pakistan's judgement,
00:27in my personal opinion,
00:30how is it in the constitution and the law?
00:33When the PTI was collecting their tickets and political affiliations,
00:43when they gave their verdicts,
00:45they said, since your baton mark was removed 18 hours ago,
00:48and they were released.
00:50When this election was won by Azad,
00:52they joined the Sunni Consulate.
00:55After that, the decision of the election commission on 19th May,
01:00and the decision of the Peshawar High Court,
01:03both were challenged by the Supreme Court of Pakistan.
01:05The Supreme Court of Pakistan held that,
01:09because the Dosu case of the Supreme Court of Pakistan,
01:13it was held that,
01:15if the foundation of any building that is illegal,
01:19and superstructure which is made over that building,
01:22that would also be considered illegal.
01:24Now, they have set aside the decision of the election commission,
01:28and the decision of the Peshawar High Court.
01:31Okay.
01:31It is wrong to say that,
01:33a political party went to the Sunni Consulate,
01:36the PTI didn't go.
01:37When both those decisions were set aside,
01:40then the parties went to the previous position,
01:42they went to the anti-status.
01:44When the PTI was there,
01:46they went to that status.
01:48Therefore, the Sunni Consulate ended.
01:50When both those decisions were set aside,
01:52the Sunni Consulate came after that.
01:54Okay.
01:55When the two basic decisions were set aside,
01:57therefore, those seats had to go to the PTI.
02:01The PTI went.
02:02The Sunni Consulate has no concern in that.
02:04Okay.
02:04Like it is being said that,
02:06rewriting of constitution,
02:08when it is provided in the three days constitution,
02:11that when there is a fresh election for the National Assembly,
02:14for that time,
02:16now they have given 15 days,
02:17so this is not rewriting of judgement,
02:19this is after consequences of that judgement.
02:21My brother may have misunderstood 188,
02:26Article 187, sub-article 1 of the constitution,
02:30in which it says,
02:31complete justice or substantial justice.
02:34Okay.
02:35When the Supreme Court hears in this jurisdiction,
02:38like Zulfiqar Ali Bhutto Shaheed's case,
02:40Article 186,
02:43which the Supreme Court of Pakistan heard,
02:45according to the article of the constitution,
02:47the mistake in which article 10A was not given to Zulfiqar Ali Bhutto,
02:52they reviewed it.
02:54However,
02:55Article 186 of the constitution of 1973 says,
03:00when there is ambiguity,
03:02when there is a question of law,
03:04and it is silent on that,
03:06then the President sends a reference and takes guidance from the Supreme Court.
03:10Okay.
03:11However, this case was decided by Zulfiqar Ali Bhutto,
03:14even then the Supreme Court did complete justice in it.
03:17Even in this, the Supreme Court,
03:19while doing complete justice,
03:21gave this decision.
03:22And Article 189 of the constitution of 1973,
03:26according to that,
03:27on me, on you,
03:29election commission, PTI, Noon, Meem, Jeem, Kaaf,
03:32and all the institutions,
03:34this judgement is binding on them.
03:36If someone first states the mandate,
03:39then 204,
03:41contempt of court,
03:43ordinance,
03:44and plus 204 of the constitution of 1973 article,
03:48according to that,
03:49the contempt of court can proceed.
03:52In my personal opinion,
03:54in the review,
03:55the review is based on Article 188.
03:57It is the same bench,
03:59the same council,
04:00and its scope is,
04:02that typically, graphically, mechanically,
04:05if there is any mistake,
04:06that is floating on the surface of the order,
04:09that can be reviewed.
04:10Review means to review something again.
04:13Re-view.
04:15Those who decided three days ago,
04:18they will go to the angle of 190,
04:20and change their reasons of the decision.
04:23That is a very interesting point, obviously.
04:27There is no scope in this case.
04:29In my personal opinion,
04:31this is their own decision.
04:33The Supreme Court has gone to decide.
04:35You have explained everything very comprehensively.
04:37One thing in this is that,
04:39it is a matter of appeal,
04:41against the decision of the Supreme Court,
04:42of the special sessions of the Noon League.
04:44In this case,
04:45three judges' committees,
04:46have opposed to applying for an appeal.
04:49And then it is said that,
04:50until a detailed decision is reached,
04:52that is, until a detailed judgment is reached,
04:54this appeal will not be approved.
04:56Such means have been told,
04:58that this will happen.
04:59And then, obviously,
05:00let's see what happens.
05:02Basically, Mr. Afnan,
05:03I wanted to know from you,
05:04that this decision has been reached,
05:05regarding this.
05:06So, the matter of restriction is obvious,
05:09that it will take some time.
05:11The way it is thought,
05:13or the way it is done.
05:14Review is not against a short order,
05:16it is against a complete judgment.
05:18Exactly, exactly.
05:19I wanted to know from Mr. Afnan,
05:20that now,
05:21will the government act on this decision,
05:24of the Supreme Court?
05:28Look, this is...
05:30The decision is binding, obviously.
05:31When the decision of the Peshawar High Court was reached,
05:33I am requesting,
05:35when the decision of the Peshawar High Court was reached,
05:37it was also binding on the PTI,
05:39that they will act on it.
05:40But they have not acted on it,
05:42by the grace of God.
05:43But we, God willing,
05:45will wait for the review.
05:47When the review will come,
05:48then after that,
05:49we will act on it.
05:51We don't have to act on it,
05:53the Election Commission has to do it, basically.
05:55Will you wait for the review,
05:57or for the detailed judgment?
06:01Detailed judgment will come,
06:02then the review will be submitted,
06:03then their decision will come,
06:04and after that,
06:05they will act on it.