Agar Yeh Qanoon Supreme Court Ke Faislay Kay Khilaf Nahi To Phir Jhagra Hi Bahi, Barrister Ali Zafar
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00:00Mr. Ali Zafar, can you tell us where and in what way do you see the non-public aspect?
00:07It is a very simple thing to understand.
00:10I know the situation, but before I answer it,
00:14the statement that you have given on the program today,
00:17I think it has been moved by their party,
00:21this bill is in the government,
00:23their interpretation of this judgment
00:26and then their interpretation of the law,
00:29they are saying that this law was not made to remove this judgment.
00:34If this is true, then there is no dispute,
00:37then in the future, no doubt,
00:39if this law is implemented,
00:41if it does not affect this judgment,
00:43then certainly, and if they do not intend to do so,
00:46then there is no dispute with this law.
00:49The dispute is that the Supreme Court of Pakistan passed a judgment.
00:54The Supreme Court of Pakistan said,
00:56this is the meaning of Article 51 and 106.
01:04The Supreme Court said,
01:06you say that this judgment is wrong.
01:08The Supreme Court interpreted it wrongly.
01:10This is not the meaning of Article 51.
01:13This is not the meaning of Article 106.
01:15We want to clarify the real meaning of Article 51 and 106.
01:21This is their position.
01:23Now, if they want to clarify,
01:25and they have a disagreement,
01:27they say that this judgment is wrong,
01:29and Article 51 and 106 are interpreted wrongly,
01:35then they will have to bring a change in Article 51 and 106.
01:41They will have to clarify that.
01:43And it is not possible that
01:45you can change the interpretation of Article 51 and Article 106
01:51indirectly through the common law.
01:55You will have to amend the Constitution.
02:00For that, you need a two-thirds majority.
02:03If you change any part of the Constitution,
02:07and change any judgment of the Constitution,
02:10through the common law,
02:12then it will be very easy for you to bring a new interpretation of the Constitution,
02:16a new law,
02:18and this is the meaning of Article 51 and Article 106.
02:20And that law will be changed.
02:22This is not allowed.
02:23If you want to clarify any part of the Constitution...
02:26But sir, there is a more dangerous aspect to this.
02:28If the Supreme Court gives any decision
02:30that you do not agree with,
02:32or that does not suit you politically,
02:34will you keep clarifying?
02:36No, no, Mr. Mehar.
02:38There is no such thing.
02:39Look, the thing is that there was a case
02:41in which their people willingly joined the Sunni Jihad Council.
02:45The Sunni Jihad Council filed a petition
02:48and argued the case.
02:50And said that we are the people who joined the Sunni Jihad Council.
02:53We are the Sunni Jihad Council.
02:54We are a community.
02:55And we should be given these seats.
02:56PTI was never party to this case.
02:58PTI never asked for this.
03:00PTI never existed in that case.
03:02Sir, you are giving me a minority judgment.
03:04No, no.
03:05You tell me, was PTI a party to that case?
03:07No, no, sir.
03:08But you have gone into review.
03:10You have a right to review.
03:11Sir, this is also very unusual that
03:13before a detailed judgment,
03:14two judges came out and
03:16gave their final verdict on a brief decision.
03:19And after that, a constitutional body
03:21is being told not to act on this decision.
03:23No, you are rushing ahead.
03:25I am making it clear to you.
03:26Didn't PTI get such a relief
03:27in the case in which it was not a party?
03:29Did any of their people…
03:30Sir, let me ask you a question.
03:31No, and the second thing.
03:32Sir, your question cannot be asked from me.
03:33No, look, the second thing.
03:34Mr. Bilal, listen to my question.
03:35And the second thing.
03:36What violation of rights has taken place?
03:37No, wait.
03:38There is a difference in the explanation of the constitution
03:39and in the rewriting of the constitution.
03:40The court has a right
03:41to interpret the constitution, yes.
03:43But these two judges in front of you,
03:45the honourable justices of the Supreme Court,
03:48who are perhaps better students of the law
03:50and the constitution than I am.
03:52Sir, they are saying…
03:53They are saying…
03:54Not the other eight.
03:55No, no.
03:56They are claiming to be better
03:57constitutional experts than the other eight.
03:58No, no.
03:59What I am saying is that
04:00they are saying that
04:01you will have to put new articles in the constitution.
04:04And look, our review petition…
04:05Sir, why are you not quoting the eight
04:06that you are quoting?
04:07Why are you not referencing those eight?
04:09No, no.
04:10We are not saying anything against the eight.
04:12We are challenging their judgment.
04:14Majority judgment.
04:15Yes.
04:16Which we have challenged through a review petition.
04:17Absolutely.
04:18And majority judgments can be wrong.
04:19And that is why the provision for review exists.
04:20Absolutely.
04:21And I am still…
04:22But it is still necessary to act, sir.
04:23This is not a banana republic.
04:24No, no.
04:25It is not my job.
04:26I am a lawmaker.
04:27We are a community
04:28which is an aggrieved party
04:29and has submitted a review petition.
04:30It is your job to interpret the law, sir.
04:32No, no.
04:33It is my job to make laws.
04:34Make the law.
04:35Make the law.
04:36Not interpret the law.
04:37And if a decision is made
04:38and a review petition is submitted
04:39then it is the right of the party
04:40to submit a review petition.
04:41We have used that right.
04:42That is right, sir.
04:43Now what are you doing?
04:44You are explaining this.
04:45No, I am not.
04:46I am in front of you.
04:47I am in front of you.
04:48You are not ready
04:49to accept my position.
04:50You are adamant.
04:51Why are you quoting one thing?
04:52Sir, because I see
04:53everyone's high and low
04:54that they should not act on this decision.
04:55You should not take
04:56two-thirds of the responsibility, sir.
04:57You are comfortably
04:58sitting in the government.
04:59What is the problem?
05:00You are telling me,
05:01Mr. Bilal,
05:02you have brought this bill.
05:03In this, you have said
05:04that he has submitted a party ticket.
05:05You have said that
05:06you have not submitted
05:07a list of reserve seats.
05:08I have to do it.
05:09I have to do it.
05:10I am asking you a question.
05:11Do it this way.
05:12I will ask you three questions.
05:13I have three questions.
05:14Let me ask you a question
05:15of this nature, Mr. Bilal.
05:16Yes, tell me.
05:17Before 8th February,
05:18the rights of a party
05:19were violated.
05:20The rights were infringed.
05:21Yes, they were.
05:22I will answer for you.
05:23I will make it easier for you, sir.
05:24I know it will be hard.
05:25No, no.
05:26It is not hard at all.
05:27The Supreme Court
05:28should not redress
05:29if the rights are infringed
05:30or someone is wrongly accused.
05:31The Supreme Court
05:32believes that
05:33there were such circumstances
05:34where due to confusion
05:35people's declarations
05:36and certificates
05:37were not being accepted.
05:38Retrospectively,
05:39the Supreme Court
05:40has corrected
05:41that injustice.
05:42It has redressed it.
05:43It has given a chance
05:44to make amends.
05:45It was wrong
05:46when your people
05:47were removed
05:48from the Senate
05:49independently.
05:50Even today,
05:51the 63A was rewritten.
05:52It was rewritten.
05:53I agree with you.
05:54It is being rewritten today, sir.
05:55I do not think it is being rewritten.
05:56So, I do believe
05:57that you are using
05:58all kinds of handcuffs
05:59for a desperation
06:00of a two-third majority
06:01which you cannot tell me
06:02why you are desperate for it.
06:03I agree with you.
06:04I agree with you.
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