Constitutional Amendment or Judicial Package? Kiya Hukumat Judiciary kay Par Katne Jarahi Hai? Court Reporter Saqib Bashir's Analysis
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Constitutional Amendment or Judicial Package? Kiya Hukumat Judiciary kay Par Katne Jarahi Hai? Court Reporter Saqib Bashir's Analysis
Constitutional Amendment or Judicial Package? Kiya Hukumat Judiciary kay Par Katne Jarahi Hai? Court Reporter Saqib Bashir's Analysis
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00:00In the last few weeks, the government has been listening to a judicial package.
00:04The government has been focusing on the constitutional amendment.
00:08They have been trying to complete the number game.
00:12But it seems that they don't have the number game.
00:17When the government minister was asked if he was bringing a judicial package,
00:22because a joint session has been called on 26-27-28.
00:26What did he have to say?
00:29What is going on here?
00:30I don't think there is any reality to it.
00:33There is no such thing on the agenda.
00:35There is no such thing in the order of the day.
00:37You have told us about the joint session.
00:39But to increase the age of the judges in a separate house,
00:43or to fix the tenure of the chief justice,
00:45this is not going to happen right now.
00:47This is not under consideration right now.
00:49But this is not on the agenda right now.
00:53We have a lot of bills.
00:54It's not a big bill, right?
00:56It's not on the agenda right now.
00:59Mr. Tarar has a lot of surprises for you.
01:01He will tell you at the last minute.
01:03He will tell you that this is a surprise bill.
01:05When it comes out, we will see what it is.
01:08We will talk about the program with Mr. Saqib Bashir.
01:10We have with us Mr. Aqeel Afzal.
01:12He is the President of the Press Association of the Supreme Court.
01:16Both of them keep an eye on the matters of the Supreme Court.
01:19Both internally and externally.
01:22Thank you very much.
01:23Mr. Aqeel, let's start with you.
01:25Is this a legal amendment that the government is bringing?
01:28They are saying that they are not bringing it,
01:30but of course, it is a political statement.
01:32Is there any preparation?
01:33What is happening in the background?
01:35Look, the decision of the Supreme Court on 12th July,
01:38after that, the government has two-thirds.
01:41It is very difficult for the government to get it.
01:43It has gone near the impossible.
01:45And on the other hand, if we look at it,
01:47there are only two ways of this government.
01:50One, the government should bring Chief Justice Qazi Faiz-e-Ishaq
01:52for extension.
01:54Second, one of the three or five senior mosque judges
01:57should be made Chief Justice.
01:59In that way, there is a decision of the Supreme Court of Pakistan,
02:02in which it has been said very clearly
02:05that the senior mosque judge will be the Chief Justice of the Supreme Court of Pakistan.
02:09For that too, a proper amendment will have to be brought.
02:12But the problem is that if the government brings any amendment
02:15out of these two amendments,
02:17then those things will be challenged in the Supreme Court of Pakistan
02:20under Article 184-3.
02:22The Supreme Court of Pakistan will go to the Supreme Court of Pakistan
02:24and the full court will sit.
02:26And when the full court will sit,
02:28even after that, the situation that has become after 12th July,
02:31I would say that the majority decision of eight judges,
02:35if we take a look at it,
02:37out of those eight judges, five judges were such
02:40about whom it was being said very clearly
02:42that they will give a decision in favour of Pakistan Tehrik-e-Insaf.
02:46But the addition of three judges to it,
02:48that is very meaningful.
02:50And three judges, we can say that
02:52they were creating an environment of extension.
02:57On that basis, three judges were being added to it
03:01and that judgment came from a majority of eight to five.
03:04So it is very difficult.
03:06If we look at all these scenarios,
03:08that even if the government does legislation in any way,
03:12even if it does a constitutional amendment,
03:14then after that, it is very difficult for it to remain sustained,
03:17to remain permanent in the field.
03:19So I do not see that it will remain permanent in today's scenario.
03:22Okay. Interesting.
03:23Because the verdict that came, Mr. Saqib Bashir,
03:25it was also said that the judicial package,
03:27more or less, a mind has been given against it by the Supreme Court.
03:31Now, the government is going to bring legislation,
03:33there were two important things in it.
03:35One, perhaps, to increase the tenure,
03:37on which all the judges would have an effect on their tenure.
03:39And the second is that the formal appointment of the Chief Justice,
03:43out of the top four or five,
03:45should be made to the Chief Justice of the Supreme Court.
03:49Has there been any homework in this regard?
03:51Or did they just see what the reaction would be?
03:56When this government came in March,
03:58then only, after about a week,
04:00a committee was formed,
04:02which will talk about judicial reforms.
04:04Then the second time this thing came to the Supreme Court,
04:08when on 3rd May, a meeting was being held in the Supreme Court,
04:12which was about the judicial commission,
04:14where the Chief Justice and all the Chief Justices of the High Courts,
04:17and the senior judges were also there.
04:19There, the Minister of Law, Azam Ziddiqar,
04:21although he had done a lot of work on this,
04:23the rules that were to be made regarding the appointment of judges in the High Courts,
04:26so, on that, Azam Ziddiqar,
04:28as soon as the meeting started,
04:30he said that we are bringing a package, a judicial reform,
04:34so, there is no need for this process,
04:36so the judges closed the files,
04:38and there was a judge there, a judge of the Supreme Court.
04:41He said, okay, we will not talk about this anymore,
04:43because if you do this tomorrow,
04:45then maybe we will have to see this.
04:47So, definitely, if the government does this,
04:50then it will go up,
04:51and then it will be seen that
04:53there can be an attempt to cross the limits of the court.
04:56Because, you see, the retirement age has to be increased,
04:59the appointment of Chief Justice,
05:00out of the first 3 or 5,
05:02the judges of the High Courts,
05:03all three have political objectives.
05:05Some say that the pendency has to be reduced,
05:08some, the lower judiciary,
05:10cases are pending there,
05:11cases of common people,
05:12no, all three have nothing like this.
05:14Behind increasing the retirement age,
05:16the government says that increasing the retirement age,
05:18there are a lot of things in it,
05:20but ultimately, there is a political motive behind it,
05:22that by increasing it by 3 years,
05:24the Chief Justice's extension and all other things.
05:26Then, the appointment of the second Chief Justice,
05:28is shown to you very clearly.
05:30Asif has said that in October-November,
05:32Justice Mansoor Aliya will come,
05:34the court, the 8 federal elections.
05:35They are scaring him, they are scaring him,
05:36or they are scaring someone.
05:37The 8 federal elections, see,
05:38one thing is very clear,
05:39Justice Mansoor Ali Shah,
05:40or the other judges,
05:41even among the 8 judges,
05:42these judges are very independent judges,
05:44and in the past,
05:45they have been praised a lot,
05:46the people of Muslim League Noon,
05:47so it is very surprising,
05:48that such a thing is being said about them.
05:50I think that,
05:51when they will come in October,
05:52Justice Mansoor Ali Shah,
05:53then they will have their independence.
05:55I don't think that they will go to the pro or anti,
05:57if according to the law and order,
05:59what will happen,
06:00will not be seen.