Kya Do Chief Justice Ke Paas Ikhtiyar Hai Ke Woh Tribunals Ka Elaan Kar Saken???
Kya Do Chief Justice Ke Paas Ikhtiyar Hai Ke Woh Tribunals Ka Elaan Kar Saken???
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00:00Mr. Salman, he has asked you a question, do the two Chief Justices have the authority to announce the Tribunal?
00:11Look, the Election Act 2017, Section 140, Part 3 states that the election tribunals will be held on the serving judges of the High Court,
00:20who will be appointed in consultation with the Chief Justice.
00:25Now, there is a word, consultation, keep an eye on this.
00:30Now, what happened is that he asked all the Chief Justices to give us names.
00:37Sindh, Balochistan, Khyber Pakhtunkhwa, the Chief Justice of Islamabad gave them names,
00:42that these judges are available to our High Courts, to work as election tribunals.
00:48He notified all of them.
00:50He did not quarrel with anyone, he did not say to anyone that we reject this, give us a panel, everything was done.
00:55Similarly, he asked the Chief Justice of Lahore High Court for nine names.
00:59He gave them two names in February, he also gave that name, he notified them,
01:04there was no issue in the Election Commission.
01:07But he asked for nine names, he gave them, they were given.
01:10The new Chief Justice came in April, he gave them six more names and said,
01:14now notify them, the work is stopped in Punjab, there are cases in the largest number,
01:19two tribunals cannot do this work.
01:22He objected to those names.
01:24He said, send another name.
01:26No, you send us a panel.
01:27Send another panel.
01:28He said, give us a panel of judges.
01:31Now, what does a panel mean?
01:33Where is it written in the law, in the Election Act, that if there are six or seven names,
01:38then they will give five names for each judge, so that one of them can choose.
01:43There is no concept of a panel.
01:45We went to the High Court, we said, I have petitioned that these names have been given,
01:49notify them so that the work can start.
01:51The work is stopped in this province.
01:53The High Court gave the same order that these names have been given to you, notify them.
01:57Why don't you notify them?
01:59If there is any objection to these names, then tell us.
02:01This case went on in the High Court for three weeks.
02:03No objection could be made that the names that were given…
02:07But you are saying, sir, the matter is legal, right?
02:09Notifying them is legal, right?
02:11The matter is legal.
02:13Yes, now see, their right, Article 219 of the Constitution only says that they will notify the names.
02:19But when you have to take those names from the High Court, and the Election Act says that the Chief Justice of the High Court will give the names,
02:26if you have to reject those names, then the consultation is that why are these names not acceptable to us?
02:31You cannot say that this is our right to veto, that we will appoint this judge, we will not appoint him, and we will not give any reason.
02:38This is a joke with the High Court.
02:40And this same matter went to the High Court, and the High Court said, if you have any objection, then tell us.
02:45Otherwise, the words of the Election Act, Section 140, Section 3, are very clear.
02:49And the Supreme Court and the High Court have repeatedly said that consultation means that when a name is given to you,
02:58if you have any objection, if you have any potent subjection, then state that.
03:03Otherwise, the Chief Justice of the High Court is saying that according to the system of the High Court,
03:07which judge is available to do this work?
03:09And he gave it, but the matter is stuck on this.
03:11Which judge will sit on the bench?
03:13All this is the right of the Chief Justice.
03:15You don't want to do it, right? This is also a fact.
03:17I asked this question knowingly, and I know that he speaks very clearly in legal terms, and he did it.
03:23I will take it a little further.
03:25Although, of course, I cannot compete with him in legal matters, but this is a very simple thing.
03:30The Election Act, which he referred to in 2017, to constitute a tribunal, that is the complete authority of the Election Commission.
03:39First thing.
03:40Secondly, rightly he said that you have to consult the High Court.
03:44In consultation.
03:45Yes, in consultation, with him.
03:47The panel was sent, I am summarizing.
03:49And I will add one thing, in the decision that the Chief Justice gave, he also said that when new Chief Justices will come,
03:54there is no concept of a panel.
03:56He said that there is no concept of a panel.
04:00I say that they sent names, let it be six or seven names, notify the Election Commission.
04:06The Election Commission has not notified.
04:08For what reason they have not notified?
04:10Obviously, I cannot give you that answer right now.
04:12I am not representative of the Election Commission.
04:14They have not notified.
04:16Tell me this.
04:17No, no, no, the question is very important.
04:19Tell me that the Election Commission has not notified your name, due to any reason.
04:23Where do you have the authority to notify that name?
04:29So you think that they do not have the authority.
04:31There is no question.
04:32There is no question.
04:33I will answer.
04:34And with this, I will also clarify.
04:35This is not possible.
04:36With this, I will also clarify.
04:37Sir.
04:38And this is just one thing.
04:39With this, I will also clarify.
04:40Sir, but in this, what happened is that your case, your three cases in Islamabad, when the Election Commission gave a decision, the Chief Justice met you.
04:46I will put a contentment on you that you trust my judges.
04:48I say that is a different case.
04:50No, no, no, no, that is a completely different thing.
04:52I will also clarify that.
04:53But first, let us stay on this.
04:54Do not go on that.
04:55I have also come to the meeting of Islamabad.
04:57I have just one comment.
04:58The case of the formation of the tribunal, the Lahore High Court took it in its own hands.
05:04On that, the Supreme Court has given a stay.
05:06This impression has been given in your program that the Supreme Court has stopped the tribunals from working.
05:10Not at all.
05:11Because the formation of these tribunals was against the Election Act.
05:14This was the use of the Election Commission, which was used by the Lahore High Court.
05:21On that basis, the Supreme Court said, do this process again, do this process again, sit together again and form new tribunals.
05:29This is why the work has been stopped.
05:30Until a certain thing is achieved, sit and do something.
05:34Yes, Mr. Salman, I have to go to the Islamabad Jalsa.
05:36What happened at the Jalsa on August 22?
05:38Look, the High Court said that you do this.
05:40The High Court says every day that when an institution has to do something and that institution does not do it, then the High Court orders that this work should be done.
05:49Now, they gave the order that if you do not do this, because it is a question of the vote of the people here,
05:54it is not possible that after two years of the Election Commission, we got the name, we do not notify them and the High Court is sitting hand in hand.
06:01The High Court had to act.
06:03The High Court gave this decision in May.
06:05The elections were held in February.
06:06Three months had already passed.
06:08Half the time to decide in six months had already passed.
06:12So the High Court said that you notify them in a week.
06:15If you do not notify, then it will be imagined that they have been notified.
06:19It is the position of the Election Commission.
06:21Okay, the name has come.
06:22We will not notify for two years.
06:23We will not notify for three years.
06:24What kind of law is this?
06:26Now, this matter is in the Supreme Court.
06:28The Supreme Court said that you should refer to the Chief Justice again.
06:32They have been interviewed again.
06:34And now we will see what the new Chief Justice has said after the interview again.
06:40Our information is good about him.
06:42But anyway, the matter will continue.
06:44We will see where it goes.