Judges Ki Tadaad Mein Izafah?? Kya Court Mein Palra Barabar Ho Jaye Ga??
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00:001997 Act,
00:02you have changed it
00:04and increased the number of judges.
00:06First of all, tell us,
00:08from this reference,
00:10what motivation do you see behind this news?
00:12And please tell us the details.
00:14See, today there was a meeting of the National Assembly
00:16and this was included in the agenda,
00:18the amendment.
00:20Barrister Danyal Chaudhry wanted to bring this amendment.
00:22But today,
00:24because the quorum was not complete
00:26and the quorum was quite out,
00:28but two weeks ago,
00:30there was an amendment in the Election Act.
00:32That too was brought by a private member,
00:34Bilal Azhar Qaini.
00:36Later, as soon as it was presented,
00:38the government adopted it.
00:40Because of which,
00:42that amendment was approved.
00:44Now, this amendment,
00:46this too will be done by a simple majority.
00:48And there is no doubt that this government
00:50will do it easily.
00:52And the fundamental purpose of this
00:54is to increase the number of judges
00:56in the Supreme Court.
00:58At present, the strength of the Supreme Court
01:00is 17 judges.
01:02And the government wants
01:04through its private member
01:06to increase the number of judges
01:08including the Chief Justice
01:10and other judges.
01:12So, there is a strong possibility
01:14that next Tuesday,
01:16this agenda will be brought again.
01:18I have also spoken about this.
01:20And it has been confirmed
01:22that this bill will come next Tuesday.
01:24And it will be sent to the committee.
01:26But the government will pass this bill.
01:28The government is completely behind this bill.
01:30Another bill,
01:32which you may ask later,
01:34is brought by Noor Alam Khan.
01:36It is an amendment bill.
01:38And it is being said that
01:40the government will support that bill too.
01:42And that bill will be
01:44the government's full effort.
01:46It is related to India.
01:48In fact, there are three bills.
01:50We will come to that, Mr. Azhar.
01:52But before that,
01:54Senator Afnan has given
01:56a very interesting statement
01:58in our program.
02:00After that, I feel that
02:02an amendment can be made.
02:04But Mr. Hasnath,
02:06what will be the effect
02:08of this on the Supreme Court?
02:10And what will be the impact
02:12on the cases that are already
02:14going on and the cases
02:16that will be brought
02:18to the Supreme Court
02:20After the decision of July 12,
02:22you see that the majority
02:24judges of the Supreme Court
02:26are standing on one side.
02:28The government, Justice Qazi Faisal
02:30and the Supreme Court are standing
02:32on one side.
02:34So, if you look at the situation
02:36in the Supreme Court,
02:38if six judges are appointed,
02:40then Chief Justice Qazi Faisal
02:42will initiate the nomination.
02:44And if you see,
02:46the government has two members
02:48Chief Justice Qazi Faisal
02:50and Justice Aminuddin Khan.
02:52I have seen in the past that
02:54they have supported Justice Qazi Faisal
02:56in every matter.
02:58And the members of the Pakistan Bar Council
03:00are also close to Mr. Azhar.
03:02So, this is the majority
03:04in the judicial commission.
03:06So, the appointment of six judges
03:08can be done.
03:10Justice Qazi Faisal can have
03:12more strength.
03:14But generally,
03:16it is a matter of three years.
03:18Is this consultation with them?
03:20This is such an important legislation.
03:22Two months are left.
03:24There is no notification.
03:26No notification,
03:28but at least in this regard,
03:30have all judges been on board?
03:32There are four or five future
03:34Chief Justices in the Supreme Court.
03:36So, have they been consulted?
03:38Apart from Qazi Faisal,
03:40how will this move be seen?
03:42It seems that the strength is complete.
03:44The Supreme Court should bring
03:46new judges like Amir Farooq.
03:48And then there is a majority
03:50in the judicial commission
03:52for the appointment of a new judge
03:54in the Supreme Court.
03:56Justice Mohsin Akhtar Qaini
03:58can also be appointed as a Chief Justice.
04:00Justice Mian Gul Hasan can also be appointed
04:02as a Chief Justice.
04:04Because the majority in the judicial commission
04:06is either the government or Qazi Faisal.
04:08Justice Mansoor Ali Shah,
04:10Justice Yahya Faridi,
04:12and Justice Malik Shehzad.
04:14So, we have seen that
04:16when the Chief Justice of the Lahore High Court
04:18was elevated,
04:20there were five or four.
04:22So, there is a link-up between
04:24judicial politics and national politics.
04:26There is a division in the Supreme Court.
04:28There is a perception that
04:30some judges like the government
04:32and some like the PTA.
04:34There should not be such a perception.
04:36Ideally speaking,
04:38there should be such a perception.
04:40Do you think that
04:42the balance will be balanced?
04:44Will there be such a situation
04:46that no one will be able to say
04:48that his balance is heavy here
04:50and hers is heavy there?
04:52Justice Mansoor,
04:54there are only two months left
04:56for a consultation with the government.
04:58Is there a need for a consultation with them?
05:00The government will say that
05:02they have the power to legislate.
05:04What is the need for a consultation?
05:06It is true that the parliament
05:08has no doubt about this.
05:10But, you have talked about the balance.
05:12So, all this seems to be
05:14for the balance.
05:16As of now,
05:18the Chief Justice of the future
05:20does not seem to have
05:22a consultation with them
05:24at any stage.
05:26But, it is clear that
05:28the government is not the only one.
05:30I was listening to Mr. Rana Sanola
05:32a while ago.
05:34He was also saying that
05:36there is no need for a consultation with the government.