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"Supreme Court Main Taqseem Hai Aur Govt Bari pur Aitemad Hai kay..."Hasnaat Malik's Analysis
"Supreme Court Main Taqseem Hai Aur Govt Bari pur Aitemad Hai kay..."Hasnaat Malik's Analysis
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00:00The recent situation is that the Deputy Registrar asked the Supreme Court Registrar, how did you notify the clarification on the website of the Supreme Court?
00:12Before this, the decision that came in July 12, it was very clearly written that if anyone wants clarification, whether it is ECP or clarification, then we are available.
00:23The judges had written this note at the end. So what this Deputy Registrar has written to the Registrar, was this normal?
00:34See, it is not normal. This is an open secret that the Supreme Court is currently divided.
00:43And the judicial politics that is going on, this note of the Deputy Registrar, is a reflection of that judicial politics.
00:50And at this time, whatever is happening, the Supreme Court is terminating an entire institution and making a new institution.
00:58And my only objection to Mr. Hafiz is that when you make a new institution and say that the Chief Justice will establish a government,
01:05the first three-year judges will also govern with the Chief Justice, then which independence will come?
01:11And a retired judge will also be appointed. And everything is visible in the current situation.
01:17And the way it was curtailed in the 199 jurisdiction, so this is the reason that if the Chief Justice of the Federal Constitutional Court appoints a commissioner, then why will the government of the Federal Constitutional Court appoint a commissioner?
01:36I understand what you are saying. Let's come to the constitutional amendment.
01:42The reason is that there is a division in the Supreme Court, the government is very confident that it will get all the support and it is getting it.
01:50But after that decision, should there have been a need for clarification after the decision was made?
01:58I am talking about the letter of the Deputy Registrar to the Registrar.
02:16That purpose is probably so that the Election Commission does not act and the constitutional amendment is done.
02:24It was the order of September 14, but the constitutional amendment could not be done for any other reason.
02:30Although on holidays and the whole effort, as I said, the government is benefiting from the division of the Supreme Court.
02:38And the whole purpose is not to reform the judiciary.
02:44The main purpose is to control the independent judges in the current situation and to make a new institution for them and to fill it with their favorite judges.
02:57Mr. Shahbaz Khosla, I am going to give you a statement. Mr. Hamid Khan has given a statement.
03:02What is happening under the Lahore High Court on the 19th?
03:07On the 19th, we are holding a national convention under the Lahore High Court Bar.
03:15From there, God willing, we will start the movement.
03:19We will not accept any fake package. We will throw it in the bin.
03:25We will have to go through the corpses of the executioners to make a federal constitutional court.
03:30No constitutional court can be made without the Supreme Court.
03:34We will run the movement as we did from 2007 to 2009.
03:39Mr. Khosla, the question arises here. Judicial activism will start again?
03:45What is the point of judicial activism?
03:48This is a direct attack on the independence of judiciary and independent judges.
03:53You have to look at this in your context.
03:56Look at the institutions here, how they have captured this government and their coalition partners in the last 40 years.
04:06Look at the biggest institutions here.
04:10They do what they want.
04:12I don't need to tell you what the situation of corruption is.
04:17This is an open attack.
04:19This is a blatant interference on the independence of the judiciary.
04:23They are unhappy with the judiciary because the judiciary is the only institution that keeps these big people in check.
04:31They have strategically controlled this for the last 1.5-2 years.
04:35The problem with the government is that they keep running the cases of big people and not the cases of ordinary people.
04:40If their intention is to run the cases of ordinary people, then they should start with lower judiciary.
04:49They should start with their efficiency.
04:52Today, I spoke to different High Courts of Pakistan.
04:56No one knew about these amendments.
05:01No one knew about the proposals they are bringing.
05:05If they were based on their intentions, then they would have circulated in the bars.
05:11Government has said that we are not doing a referendum.
05:17Government has said that we are not doing a referendum.
05:22They have that point on their side.
05:25Mr. Hafiz, this question is valid.
05:27Parliament has to amend the law.
05:32The Constitutional Court will go to the Prime Minister and the President.
05:38The Chief Justice will come.
05:40The judges will come.
05:42The supporting judges will come.
05:45Where is the independence?
05:47The Constitutional Court should be independent.
05:50It should not be run by the President and the Prime Minister.
05:52Ali, there is a proposal.
05:56The proposal has not been laid down in the Cabinet or in the Parliament.
06:02It was an effort.
06:04The political parties have stopped the democratic process of Pakistan.
06:10The credit goes to Maulana Fazlur Rehman.
06:13He said that these things should be made public.
06:16He said that these things should be made public.
06:19Now, there is a structure in front of you.
06:23These are the Government's proposals.
06:25Now, there are counter-proposals in front of you.
06:29This can be done to improve the system.
06:32This should be the process of appointment.
06:34These should be the elevations of the judges.
06:37This is how the Government adopted a method.
06:40Everyone kept asking for a compromise.
06:42But no compromise was given to everyone.
06:44According to our Deputy Bureau Chief,
06:47Maulana Fazlur Rehman, Bilawal Bhutto Zardari and the Prime Minister had a compromise.
06:54Everyone else was asking for a compromise.
06:56Unfortunately, there was no compromise.
06:58The Government's method of bringing this amendment
07:02was debated for 355 hours in the 18th amendment.
07:05And you want to bring this amendment in two days.
07:08Is that correct?
07:09The controversy started from here.
07:10Anika, let me tell you this.
07:11If you look at all the legislations of Pakistan in the last few years,
07:16there is a procedure flaw in these political parties.
07:21They do their work secretly.
07:23And when it comes to the Government, they justify it.
07:26And when it comes out of the Government, it is a matter of transparency.
07:29But in this, there were two important things.
07:33One is that all the people in the justice sector in Pakistan
07:37say that the process of judicial appointments should be improved.
07:41There is no doubt that the Parliamentary Committee should be given a due role.
07:48And everyone has said that there is a role of the Parliamentary Committee all over the world.
07:53But when we have to take it, we talk about Parliamentary Supremacy.
07:57And when we are on the other side, we discredit that Parliament.
08:00The other thing is that the Constitutional Court is a longstanding demand in Pakistan.
08:06Is your Supreme Court, which has been going through this process for 10-12 years,
08:11and where my bench, your bench, his bench, this is not being fixed, that is not being fixed,
08:16and the common man of Pakistan is traveling, there are more than 60,000 cases pending.
08:20So after this court, the cases of the common man will be released quickly?
08:24No, no, look at your regular cases.
08:26Because whatever law has to be amended, the biggest answer is given.
08:30It is very good for the common man.
08:32No, no, tell me that your high courts are so packed up here
08:37that your cases do not come for 10-12 years, 14-14 years.
08:41There is no concept of first hearing in the Supreme Court.
08:44So somehow you have to address it.
08:47Now to address it, you have to attribute everything to a malefide.
08:52You have to attribute everything in time.
08:55One proposal has come, you have to counter it.
08:57Got your point.
08:58This is not like this.
08:59But I will say one last thing.
09:01If the Parliament has this competency, that competency should be accepted.
09:05It should be given for its improvement.
09:07And if after that you feel that it is not appropriate,
09:10then the place where it will go, that will be its first lesson.