Reserved seats Case | Dissenting notes of Two judges | Hasnaat Malik & Raja Mohsin Ijaz Analysis
#reservedseatscase #supremecourt #JusticeAminuddinKhan #JusticeNaeemAkhtarAfghan #PTI #sunniittehadcouncil
Reserved seats Case | Dissenting notes of Two judges | Hasnaat Malik & Raja Mohsin Ijaz Analysis
Reserved seats Case | Dissenting notes of Two judges | Hasnaat Malik & Raja Mohsin Ijaz Analysis
Category
🗞
NewsTranscript
00:00There was a big development in the case and a minority judgment was brought forward.
00:06And two judges issued a controversial note.
00:09Two judges of the Supreme Court, Justice Ameen Nulla Khan and Justice Naeem Akhtar Afghan issued a controversial note on the decision to give PTI a special relationship.
00:17In which the majority decision of eight judges of the Supreme Court on July 12 was disagreed with.
00:23PTI was not a part of the Supreme Court as a part of the Peshawar High Court and the Peshawar Election Commission.
00:28The first disagreement is that no one challenged the free candidates going to the Sunni Council.
00:35The third disagreement is that in the majority decision 39 or 41 candidates were decided without their consent.
00:44The fourth disagreement is that the appeals of the Sunni Council were rejected and no relief was given to them.
00:50In fact, the free candidates included in the Sunni Council were also snatched back from them.
00:55The next point is that in the majority decision, PTI can only be relieved when Article 63, 51 and 106 of the Constitution can be rewritten.
01:05In the majority decision of the Supreme Court, Article 175 and 185 were completely ignored.
01:12In the majority decision, PTI was given independent relief.
01:16It is a very incomprehensible misconception that eight judges have rejected the notification on May 6, 2024 regarding the special sessions.
01:23But the previous one has been kept intact.
01:26After the Supreme Court's decision, under Article 62, 1F, 80 members of the National Assembly are no longer Sadiq and Ameen.
01:33The parties of the other parties attending the special sessions were not heard and neither were they issued any notices.
01:40The eight judges of the Supreme Court added a new party to the Parliament in the form of PTI.
01:44And this matter was not brought to the court.
01:47It is incomprehensible that in the majority decision, the relief provided for PTI was before the Peshawar High Court.
01:55And neither was there any decision on it.
01:58In the program, Raja Mohsin Nijaz and Hassanat Malik are present.
02:01Thank you both very much.
02:02Now there are two parts of this controversial note.
02:04First, why did this controversial note come forward?
02:07Is it because it took so long to write and release the judgment?
02:12Or is it some internal mechanics of the Supreme Court?
02:20Judicial politics is taking place in the Supreme Court.
02:23It cannot be ruled out.
02:25There are two opinions on which all the politics is taking place.
02:30One is that on 25th October, Chief Justice Mansoor Ali Shah should take up office.
02:36And it is possible that when the majority judgment of the eight judges is passed,
02:42and the number 225 is not completed by the government,
02:47then there cannot be a constitutional amendment,
02:49there cannot be a judicial package,
02:51then Mansoor Ali Shah will become the Chief Justice of Pakistan.
02:54On the other hand, it is urgent that the review is carried out again.
02:57In the review, the 78 seats in the Noon League and People's Party,
03:01which are the seats of the Election Commission,
03:04and then they will be distributed among the other parties.
03:06They should meet.
03:07Especially the next assembly is very important.
03:09And after that, there should be a constitutional amendment,
03:11there should be a judicial package,
03:12and every judge should meet for three years.
03:14And the main desire of the government at the moment,
03:18the prime desire,
03:19is that Chief Justice Qazi Faiza should stay in office for three more years.
03:23And there have been many statements of the government people
03:27that when the new Chief Justice will come,
03:29the PTI will think that the elections will be cancelled again,
03:33and there will be a direction for the elections again.
03:36But this is a plucky note.
03:38This will not be implemented.
03:40Three or four things are very important in this.
03:44This is a unique judgment.
03:46I think there will be no such judgment in the history of Pakistan.
03:49In which the review has been discussed,
03:51that the review has been filed and it is infructuous.
03:54How do you discuss the development of the past in that judgment?
03:58Then, as it has been said,
04:00that no institution is prohibited from implementing illegal and unconstitutional decisions.
04:05So, is this message being given?
04:07Third, the PTI members who have just joined,
04:10they are being told that the first declaration you gave,
04:13if you give the declaration again,
04:14then you will violate your own.
04:16They are also being threatened that you will be disqualified.
04:19Then, the language used in this way,
04:21so that the majority judgment is going fast,
04:23so legally you are right that there is no such thing.
04:26But the language used in this way,
04:29especially in the four paragraphs,
04:31between paragraphs 10 to 13,
04:33the government has tried to explain,
04:37that why should the PTI get the seats?
04:40And the whole purpose is that the PTI should not get the seats.
04:43Okay. After that, I saw Mr. Tariq Tariq's press conference,
04:46more or less, we saw the excitement in it.
04:48But all this complication can be easy,
04:52if the detailed judgment of that decision comes.
04:55Because it is a big decision,
04:57politically, it has to affect the situation of the whole country.
05:03So, if that decision comes soon,
05:05then maybe this complication will not happen.
05:07Look, we have seen the decision in the Supreme Court of Pakistan,
05:11whenever a short order is announced,
05:13then the detailed reasons take a lot of time.
05:15The situation at the moment is that,
05:17the courts are on leave,
05:18not all judges are available.
05:20Then, the judicial politics that is happening at the moment,
05:23maybe this can also be a reason,
05:25that the judgment is being delayed.
05:30But this is particularly surprising,
05:32that the detailed reasons,
05:33the judgment, this is a controversial note,
05:35controversial note,
05:36I have always thought that it is a press release.
05:40In that, they express whatever is in their heart.
05:44Otherwise, it has no legal status,
05:47it has no effect on the decision.
05:49So, this is a press release,
05:51they have expressed what they are thinking.
05:54But what would have been better,
05:55that in this controversial note,
05:57if, you see,
05:58the whole matter of these special sessions started
06:00with the decision on 13th January.
06:02Neither the decision on 13th January,
06:04nor the level playing field,
06:06which was not given to Pakistan Tehreek-e-Insaf,
06:08nor its mention,
06:09nor the other elections,
06:11which were not included in the Supreme Court of Pakistan,
06:14nor its mention,
06:16and you have issued such a controversial note.
06:20There were a lot of things,
06:21which should have been addressed.
06:23Then, 99% of the time,
06:25the majority judges,
06:27who have a decision,
06:28they issue their decision in writing.
06:31After that, the controversial notes come forward.
06:34And it never happens in this way,
06:36that in a controversial note,
06:37the majority judgment,
06:38you are directly targeting it,
06:41you are targeting it.
06:43After this, we have also seen,
06:45that in this controversial note,
06:47a kind of election commission is being instigated,
06:50and some other government,
06:52that it is okay,
06:53whether you accept the decision or not.
06:55Now, this is not a problem,
06:57who will decide,
06:59whether the Supreme Court's decision is in accordance with the constitution or not.
07:02Before this, it was the Supreme Court,
07:03which used to explain the constitution,
07:05used to explain its decisions,
07:06the Supreme Court used to look at all matters.
07:08In this controversial note,
07:09for the first time,
07:10we have seen this thing,
07:11that two judges of the Supreme Court are saying,
07:14that you look at the institutions yourself,
07:16if the decision is in accordance with the constitution,
07:18then you can do it.
07:19This is very surprising.