Supreme Court Mein Chuttiyun Ka Masla Ghambir Honay Laga - Court Reporters Hasnaat Malik's Analysis - video Dailymotion

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00:00We will talk about the decision of the practice and procedure committee at the last minute of the meeting.

00:07In the Judges Committee, the decision to listen to the special sessions' second opinion requests after the hot weather.

00:14Justice Mansoor Ali Shah and Justice Muneeb Akhtar said that only 13 judges can listen to the second opinion,

00:20who have heard the central case, while the detailed decision of the case has not been released yet.

00:25The Chief Justice disagreed with the decision to listen to the second opinion requests after the holidays.

00:30Justice Mansoor Ali Shah and Justice Muneeb Akhtar said that the judges are not exempt due to the summer holidays.

00:35Chief Justice Pakistan said that the human rights of the people are more important than the holidays.

00:40It will be unfair if the appeals are not decided to end soon.

00:44Justice Muneeb Akhtar said that the court hearing will begin on the 2nd of September, according to the rules.

00:50Holidays cannot be abrogated according to any rules.

00:53The committee or the Chief Justice cannot abrogate the holidays.

00:56Chief Justice said that the second opinion has been given by the law.

00:59The detailed decision has to be written by these 8 judges.

01:02If the second opinion is not decided to end by waiting for the detailed decision, the law and the law will become meaningless.

01:09Chief Justice Kazi Faiziza said that the second opinion should be decided after a week.

01:14If the requests are not decided before 15 days, they will become invalid.

01:18Justice Ayesha said that a week is appropriate to return from abroad.

01:22Chief Justice also said that the second opinion should be decided to end in 10 days.

01:29Justice Muneeb Akhtar and Justice Jamal Khan Mandukhel are exempt.

01:32Justice Mansoor Ali Shah, Justice Aminuddin Khan and Justice Yahya Afridi should be included in the bench of the second opinion.

01:41Mr. Hassanat Malik, you are a court reporter.

01:43You keep an eye on all these matters.

01:45You also keep an eye on the political dimension of the Supreme Court.

01:50Thank you very much for joining us, Hassanat.

01:52We can see two or three issues in this.

01:55Firstly, the issue of making a bench in the case of 63A.

01:58How did this come up suddenly?

02:00Was this on the agenda?

02:02Was this a new thing that came up at the last moment?

02:07Or was it already decided that this issue should also be looked into?

02:10Chief Justice Qazi Fahisa took the oath in September.

02:14She held the post of Chief Justice on 17th September.

02:18And until now, she has not kept the issue on the agenda in relation to 63A.

02:25Now, everyone is very suspicious about this matter.

02:30When there are vacations, Mr. Hassanat's request for 63A comes on the agenda.

02:37That this case should be fixed in the vacations.

02:40Why was it not fixed in January and February and not in March?

02:43What is the reason now?

02:44It seems that the issue of the special seats, as we were talking about earlier,

02:48was that the government should get two-thirds of the seats.

02:53And when they get two-thirds, it is said that they are bringing a judicial package.

02:57Judicial package is a very serious concern of the judges.

03:00And they have some doubts about it.

03:02Now, when the judges are concerned about this issue,

03:05and they are in a hurry,

03:07if you want to bring a judicial package, you should talk to the PTI.

03:11Judiciary is such a sensitive institution.

03:13All the stakeholders should come together and talk about it.

03:16What kind of judicial package is this?

03:18We have been talking about this for a long time.

03:23And when there are more doubts about it,

03:27and for that, the way we looked at this issue,

03:31whether it is the request for a judicial package that is decided in a week,

03:35and it is said that it should be fixed soon.

03:37And secondly, this 63A.

03:38Both things are linked up.

03:40And the impression that is being made is that,

03:43so that the constitution amendment that the government wants to do,

03:46should be followed.

03:48Now, 63A is the issue that you are talking about.

03:50What kind of constitution should be followed in 63A?

03:53Look, the decision that came from 3.2,

03:55which was written by Justice Muneeb Akhtar,

03:57and he said that if a lawmaker defects,

04:00and he gives the ward to another party,

04:03then in 63A, his ward will not be counted.

04:06It will be null and the ward will not be counted.

04:08Now, there are a lot of questions on this interpretation,

04:11that beyond the text,

04:13can the judges of the Supreme Court add this?

04:15There are questions on this.

04:17The ward will not be counted.

04:18Now, if it is reviewed,

04:20the chances are that the judgment will be reviewed,

04:22then when the ward will be counted,

04:24then there are 85 people from PTI,

04:26if 10-12 of them defection,

04:29somehow the history of this country,

04:32we have seen everything in it,

04:34defection is not difficult to break 10-12 people.

04:37So, they will give the ward.

04:39They can be null,

04:41but the ward will be counted.

04:44Constitutional amendment.

04:46So, this is a very serious issue.

04:48Along with this, the review petition should be fixed soon.

04:51So, both these things are looking like,

04:53there is an effort that in the tenure of Chief Justice Qazi Faisal,

04:56all the efforts of the constitutional amendment should be done.

04:59And, if this can be done,

05:01this effort can be done in October-November also,

05:03in December also.

05:04What is the reason that before October,

05:06Chief Justice Qazi Faisal is doing all the efforts,

05:10and the government is also doing,

05:11and what kind of reaction is coming,

05:13and that reaction is not that the government has any problem,

05:15the problem is that we did not get two-thirds.

05:17Right.

05:18And, the interpretation of Chief Justice Qazi Faisal and Chief Justice Jamal Mandokhil,

05:21in that also it is there that PTI will get seats,

05:23but in that they will get less.

05:24And, obviously, the judges,

05:26their understanding is that still two-thirds can be made.

05:29And, the kind of interpretation they did,

05:31in that it is a little difficult.

05:32Then, there is the hurdle of 36A.

05:34Now, the case of 36A,

05:36which is to be filed in the holidays,

05:38this doubt is completely…

05:40In this, the government itself,

05:42obviously, wants to go in the review.

05:44The Supreme Court has decided that

05:46after a detailed judgment,

05:48they can go in the review.

05:50So, the detailed judgment is being delayed,

05:53and when it will be late,

05:55the review will be late.

05:56So, there is a weight in this,

05:58in the government's doubt,

05:59that they should give a quick judgment.

06:01Look, we saw the NRO case,

06:03in that the implementation,

06:05which the Swiss authorities had to write a letter,

06:08that was two years late.

06:10And, after that,

06:11the court's decision was made.

06:12There is no such thing,

06:13that in the election commission,

06:15it can take a month,

06:16or even two months,

06:17for their interpretation,

06:18they can file a review.

06:19If they stop now,

06:20there is no such hurry.

06:21The Supreme Court is not like that,

06:23that when they don't meet the deadline,

06:25then the court's judgment will begin.

06:27The way it is being rushed,

06:30it seems that

06:31the two or three swing wards,

06:33out of the eight,

06:34will try to meet again,

06:36and there will be a majority,

06:37so that these seats,

06:38which we say,

06:39these 23 seats,

06:40these 23 seats,

06:41are again given to the governmental parties,

06:43and then the Constitutional Amendment.

06:45So, the whole focus is,

06:46two thirds,

06:47and the Constitutional Amendment,

06:48judicial package,

06:49and with this,

06:50judicial politics,

06:51is linked up with this,

06:52and division,

06:53is increased in the judges.

06:54Thank you very much,

06:55Mr. Asnath Malik.

Supreme Court Mein Chuttiyun Ka Masla Ghambir Honay Laga - Court Reporters Hasnaat Malik's Analysis

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