SC rejects ECP plea in reserved seats case - Salman Akram Raja Breaks Big News

2 months ago

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Transcript

00:00We have Salman Akram Rajas, Secretary General of Pakistan Tariq-e-Insaaf with us in the program.

00:04Mr. Rajas, first of all, two important questions before we talk about the reaction of Munderjad and the Election Commission.

00:11One is that the detailed decision, which was awaited, especially with regard to specific issues,

00:18and it was repeatedly said that it is better to get a detailed decision as soon as possible,

00:21so that the government can take further legal action.

00:26The detailed decision does not come, it is a detailed decision, and that too a day before this amendment.

00:31So the timing and then the coming of this decision, is this doubtful or is it normal? Does this happen?

00:41Look, normally a detailed decision is not asked in this way.

00:44The Election Commission had asked for a detailed decision three or four weeks ago.

00:48We responded to that. It took 10-12 days.

00:53So they have read out their request for clarification and our response and have given a decision.

00:58The year, the judicial year, has just started during this week.

01:03During this week, all the judges gathered in Islamabad.

01:07The eight judges who have written this decision,

01:10what opportunity did they have before the start of the judicial year to gather in Islamabad?

01:16So there is nothing surprising in this.

01:18And they have given a decision.

01:21But Mr. Raja, a few hours before the amendment,

01:26this decision is coming out, there is going to be an important voting tomorrow.

01:29I will talk about its procedure.

01:31Isn't the timing really important?

01:34No, so what would they have done?

01:36They would have given the decision after the amendment.

01:38Look, they must have met when the judicial year started in the beginning of last week.

01:42During that time, they met, they must have written the decision.

01:45It is possible that in normal circumstances, they would have read it out a day or two later.

01:48But when a situation arose and it was seen that the coalition is taking a wrong step,

01:56then why didn't the Supreme Court announce its clarification, which the Election Commission has asked for,

02:01so that everyone is guided?

02:04So, sir, the criticism is that this political decision that is being criticized,

02:09then this decision will be viewed from a political point of view.

02:12No, look, this is nonsense.

02:17You are going to do an action, it is the duty of the Supreme Court,

02:20if they have made a decision, and suppose that they had to announce it on the day of Peer,

02:26they saw that they are taking a wrong step in a hurry on the week and Sunday,

02:31so we release it on the week instead of doing it on Peer,

02:35so it is possible that because of all this action, they would have announced it a day or two earlier,

02:41otherwise it had to come to Peer.

02:43So what is the political action in this?

02:46One thing that was absolutely clear in the July 12 decision,

02:50a completely unreasonable clarification was asked for it,

02:54an assumption was established, and it was said that there is no PTI,

02:59when the PTI has been accepted by the court as a party,

03:02has said that as a party PTI has participated in the election,

03:06so how are you making this assumption?

03:09So the Supreme Court clarified it,

03:12whether it is on Monday or Saturday, I do not see any political answer in this,

03:17the answer has come, the reaction of the election commission has also come on this,

03:21they say that the PTI intraparty election case is still under consideration in the election commission,

03:27no final decision has been made on this,

03:29it has not been accepted as a chairman yet,

03:32it has been said in the court decision that the election commission is accepting it,

03:35the election commission is not accepting it.

03:39Look, this decision has said both,

03:42this opinion of the election commission is also valid,

03:45as long as the election commission in the case of intraparty election,

03:49or the case they have,

03:52does not say that this election was not correct,

03:55and Gauhar Khan did not become the chairman correctly,

03:58till then he is the chairman,

04:00so the Supreme Court has said that till today,

04:03the election commission has accepted him as the chairman in its writing,

04:07even if it had not accepted him,

04:09this is a legal thing,

04:10that when an intraparty election has taken place,

04:12and the election commission has not rejected it yet,

04:15then the party under that intraparty election is running,

04:18so it is running,

04:19the Supreme Court has explained that if the election commission says tomorrow

04:23that the last intraparty election was also not correct,

04:26then there is a de facto doctrine in our law,

04:29that if a person has acted on the basis of an office,

04:33assuming that I am legally entitled to this office,

04:37then that action is protected by the law,

04:42so the de facto doctrine is a very important part of our legal system,

04:47so the Supreme Court has explained that if you say tomorrow

04:51that the intraparty election was not correct,

04:53the different office holders were not elected correctly,

04:57even then Gauhar Khan's acceptance of these affidavits,

05:00that these people were our candidates,

05:03and they are our supporters,

05:05that thing is over,

05:06they have said this during the intraparty election,

05:10if you say tomorrow that their office was not correct,

05:13then there will be a de facto doctrine,

05:15because they are eligible for this office today,

05:17so they have left the door open for the election commission,

05:20this will be a childish reaction,

05:22if the Supreme Court's decision is not accepted again,

05:24and there is no interpretation,

05:25Sir, most probably they are not agreeing,

05:27I have just spoken to them,

SC rejects ECP plea in reserved seats case - Salman Akram Raja Breaks Big News

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