#supremecourt #judiciary #pmlngovt #pmshehbazsharif #cjp #khabar
#BarristerAqeelMalik
Adliya Say Mutaliq Qanoonsazi,Zarurat Kis Ki Waqt ki ya Hukumat Ki ? Barrister Aqeel Malik's Anaysis
#BarristerAqeelMalik
Adliya Say Mutaliq Qanoonsazi,Zarurat Kis Ki Waqt ki ya Hukumat Ki ? Barrister Aqeel Malik's Anaysis
Category
🗞
NewsTranscript
00:00It is raining all over the country and its effects are also present in their own place.
00:04And if we talk about the coalition government of Islamabad,
00:07whether it rains from time to time or not,
00:10but the weather is always cold and hot.
00:13And with such political confidence,
00:15the steps that are being taken in the slavery of power there,
00:19or the plans that are being made, are being considered.
00:23What is happening now?
00:24Obviously, there is a lot of talk at the moment about the unions,
00:27there is talk about the government's counter-movement.
00:30There is talk about the caliphs that are coming under the government's counter-movement.
00:36There is talk about the Jalsa being held or not being held.
00:39There is also talk about calling people to the Jalsa and then abolishing the Jalsa.
00:46Then many people are being criticized for it.
00:49Then the two parties, Maulana Sahib and PTI,
00:53were going to run a protest and a movement against the government.
00:58That too is now being seen to be in decline.
01:00And Maulana Sahib is also being met.
01:02So these matters are in their own place.
01:04If we look at the government matters on the other side,
01:07then is there a matter of reconciliation with the judiciary or not?
01:10We will have to talk about this too.
01:11But what is happening?
01:13As you know, a new statement has come forward,
01:15a new preparation is being made,
01:17a new bill is being tried to be brought forward.
01:19It is about an increase in the number of judges.
01:22At the moment, there are 17 judges in the Supreme Court of Pakistan,
01:26including the Chief Justice of Pakistan.
01:28There is talk of increasing this number,
01:31that this number will be increased to 23,
01:34in which the Chief Justice will be included.
01:36Now the other parties, the opposition parties,
01:41say that this should not happen
01:43because it is a matter of making arbitrary decisions.
01:46And especially the decisions that have been made,
01:48regarding the special sessions,
01:50in order to get a numerical increase in them,
01:53if the matter of reconsideration of these cases goes,
01:56then this is why all this is being done.
01:58One thing is in its place.
01:59The second thing is that it is being said by the government
02:02that our matter is nothing like that,
02:04that we do not want to make any adjustments or amendments
02:07in the duration of the retirement of the judges.
02:09This is a basic matter because in many cases,
02:12this is in your knowledge,
02:13that if we were told about the Law and Justice Commission of the country,
02:17their report came out,
02:18in which it was said that in Pakistan,
02:20nearly 22 lakh cases are pending,
02:23out of which, if we talk about it,
02:25more than 80% cases are in the lower judiciary
02:28and the rest are in the upper judiciary.
02:30So in such a situation,
02:31we often talk about the lack in the number of judges.
02:34And you will remember that a few days ago,
02:36the matter of ad-hoc judges came up,
02:38that ad-hoc judges should be made,
02:40and we were raising questions on it,
02:41that after doing justice for so long,
02:44the person who has retired from his post,
02:46he should be brought back,
02:48and he should be appointed as a junior judge in the Supreme Court.
02:53Then there was a one-year limit,
02:54it should be increased to three years.
02:56So would it be better,
02:57that the judges in the high courts should be given a chance,
03:00or those lawyers,
03:01who have been practicing for 15 years,
03:05and they are competent enough,
03:07they should be given a chance
03:08to serve in the Supreme Court of Pakistan,
03:10or the void,
03:11or the lack of judges,
03:13should be fulfilled in that way.
03:15Now this decision has been taken,
03:16and of course,
03:17this is also a position that,
03:18because there are many cases,
03:20related to cybercrime,
03:22and related to other things,
03:24so experts are needed in that.
03:27So if the government is going to take this decision on this basis,
03:30then it can be said happily.
03:33But what are the reservations of the opposition on this,
03:37it is obvious that it is very important to talk about it.
03:39Secondly,
03:40for the post of Chief Justice of Pakistan,
03:43now the formula is that,
03:45the senior most judges become the Chief Justice.
03:48So this time,
03:49obviously,
03:50the senior most judge is Justice Mansoor Ali Shah.
03:53The position of Justice Qazi Faiz Isa is being fulfilled.
03:56But one thing is very important here,
03:58that before this,
03:59when Justice Qazi Faiz Isa was becoming the Chief Justice of Pakistan,
04:02then this matter was announced in June.
04:05Why is this not being done this time?
04:07And if this is not being done,
04:09then what can happen automatically?
04:12Obviously,
04:13the senior most judges have to become the Chief Justice.
04:16So what is the concern on this matter?
04:18So let's talk about this.
04:20Mr. Daniyal Chaudhary,
04:21who is presenting this as a private member bill,
04:25what is his position on this matter?
04:27Let me show you that first.
04:29This bill is basically for some backlog,
04:32that your backlog in the Supreme Court,
04:35where there have been more than 10-12 years of cases,
04:39which are still pending in the appeal.
04:41To address that,
04:42the quantity of your judges should be 20.
04:46And your people's issues should be addressed.
04:50And your whole process should proceed smoothly.
04:54In the bill, Mr. Daniyal,
04:55is there anything about the retirement of the Chief Justice of the Supreme Court?
05:00No, there is nothing in that.
05:05Okay, now we will discuss this matter.
05:08Also, if we talk about
05:10Pakistan Tehreek-e-Insaf,
05:12then at one time,
05:13Tehreek-e-Insaf was emerging as an anti-government movement.
05:17That yes, it will run with Maulana Fazl-ur-Rehman.
05:20But now they are facing difficulties.
05:23And the chairman of their Jamaat,
05:26Mr. Barrister Gauhar,
05:27is resolving those concerns.
05:28What position does he hold?
05:29Let me show you that first.
05:33As far as breaking the party is concerned,
05:35it is their business.
05:36If the party breaks,
05:37then before February,
05:39after February,
05:40the people break.
05:41Alhamdulillah,
05:42in the leadership of Mr. Khan,
05:44the whole party is united.
05:47All our MNAs have filed their certificates.
05:50All MPAs have filed their certificates.
05:52In the light of what the Supreme Court has ordered,
05:54and this is the proof that
05:56there is no forward block in the party.
05:59It is in the leadership of Mr. Khan.
06:00And we will move forward,
06:01God willing,
06:02and become stronger.
06:04Along with this,
06:06Mr. Talal Chaudhary,
06:08what position does he hold on all this?
06:10Let's listen to that too.
06:12The movement that they say they will run,
06:14this movement is to take NRO,
06:16to save Imran Khan from punishment,
06:18to safeguard the government of KPK,
06:20to hide his corruption,
06:23these are all the foundations.
06:25And the money distribution within them.
06:28This movement, NRO,
06:30is a group that sits on someone's shoulder
06:33and reaches power by forgiving their sins.
06:36Now this will not happen.
06:40Okay,
06:41now let's talk about this matter.
06:43This will be the first part of the program.
06:45Of course, we will introduce the guests to you.
06:47But in the second part,
06:48we will also talk about the protest
06:50that continued on the Tazir Dost scheme.
06:53So who are the guests with us in this segment?
06:55We will introduce them to you.
06:57Barrister Aqeel Malik,
06:59Thank you so much for joining us, Mr. Aqeel Malik.
07:02Along with him, Senator Zerkha Taimur is with us.
07:05She is the director of Pakistan Tehreek-e-Insaf.
07:07Thank you very much.
07:09Mr. Aqeel Malik,
07:10first of all, please tell us,
07:12this is basically the decision of the legislature.
07:16And obviously,
07:17this decision must have been made after a lot of thinking.
07:20The timing of everything is very important.
07:22There was a shortage of judges.
07:24The Law and Justice Commission also told us about this.
07:26There was a need for experts who could look at the relevant matters.
07:29So what planning has been done by you so far?
07:33Thank you very much.
07:34First of all,
07:35I would like to put the government's position in front of you
07:37that this is neither the bill of the government
07:39nor is the government involved in any initiation of this bill.
07:45On Tuesday,
07:47according to the rules of business and procedure of the National Assembly,
07:50on Tuesday,
07:52there is a private member day.
07:54The private member bills come.
07:56Similarly,
07:57Noor Alam Khan's bill came,
07:58Mr. Nainal's bill came,
07:59and so on and so forth.
08:00So this was a private member bill.
08:02It is definitely related to the government
08:04that it is a part of the government.
08:06Or it is a part of it.
08:07But it cannot be said that
08:09it was introduced by the government.
08:11If anything,
08:12I think he himself is a lawyer
08:14and he thought that this number should be increased.
08:17This is his own thinking.
08:20His own thinking.
08:22I am also a translator of the legal affairs of the government.
08:25I am the government spokesperson for legal affairs.
08:27So I can confirm to you that
08:29this was not the bill introduced by the government.
08:32This was on a private member day.
08:34And it was a private member bill.
08:36Which was not even taken up and was adjourned.
08:38And in that,
08:39I don't know,
08:40I think this impression is being given that
08:42the number of judges has actually been increased or increased.
08:45There is nothing like that.
08:47As far as the matter is concerned,
08:49if I have done a bare reading of his bill,
08:51I have seen it plainly.
08:52So as a lawyer,
08:54I will give you my perspective.
08:56This is a good suggestion of his.
08:58If it goes from 17 to 23,
09:00it is a good thing.
09:01Because we come to the 130th number on the Judicial Index.
09:04From 140 to 142.
09:06So I think this is the last number on our Judicial Index.
09:10So maybe it will be better.
09:12Already your courts are very overburdened and overworked.
09:15They have the cases of the common routine
09:18which is to provide relief to the common people or the common litigants.
09:22They have to take up their cases.
09:24There is no time for that.
09:25Because every day there is a frivolous,
09:27vexatious and meaningless kind of exercise.
09:32Political cases are filed.
09:34In that regard, they are also saying that
09:36the Constitutional Bench should be formed.
09:37I think,
09:38I myself,
09:39I have a personal take.
09:41I think that for a long time,
09:43constitutional courts should have been introduced to us.
09:45And there should have been constitutional courts.
09:47But here,
09:48routine work has such an effect that
09:50judges,
09:51for 23 years,
09:52people are in jails.
09:53Yes, I understand.
09:54I have already stated that.
09:57I have already stated that.
09:58The report of the Law and Justice Commission
10:00in which the percentage was stated,
10:02the number of cases was stated,
10:03that there are about 22 lakh pending cases.
10:06And how that matter can be rectified.