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Bilawal Bhutto's Important Statement on the Extension Of Tenure Of Judges
Bilawal Bhutto's Important Statement on the Extension Of Tenure Of Judges
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00:00For clarity, I will ask a specific question.
00:03You are saying that what is going on in the media is a wrong constitution.
00:07You ask.
00:08I will ask an innocent question.
00:09You are innocent. You called your lawyer and asked him to ask me any question.
00:13I am happy to defend anything that we want to, legislation that we want to defend.
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01:47That's very good.
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02:05Thank you
02:14the Constitutional Bench.
02:17The situation of the JUI was that we should keep the age of 65 only in the judiciary,
02:24the age of the Chief Constitutional Court.
02:27My proposal of the Pakistan People's Party, I think if we keep a specific age,
02:33and it is a pity that our judicial system has reached this stage, but it is necessary to say
02:40that if we keep a specific age, whether it is 65 or 67,
02:44my party feels that it is individual-specific.
02:48It feels like we are trying to keep someone out or someone in.
02:53So in the draft that my party told us, we did not mention any age.
02:59And we thought that in our Constitutional Court,
03:04on the basis of terms, for example, the Chief Justice should have a term of 3 years
03:10and the Judge should have a term of more than 3 years,
03:13so that the Chief Justice gets a chance to serve his 3 terms in the Constitutional Court.
03:18Then the Justice of the same court should get this opportunity.
03:23The purpose of the Constitutional Court has many aspects.
03:29One is that in our country, the way the common man finds justice difficult,
03:35the way our court has adventurism.
03:38But at the same time, I think it is also necessary that we bring our current system
03:48according to the times, according to the modern times.
03:52There will be a consensus between the Pakistan People's Party and Noon League's proposal
03:57and J-Works' proposal and we will bring it forward.
04:04And the Government's proposal was that the first Chief Justice of that Constitutional Court
04:08should be appointed by the Prime Minister.
04:11There are many suggestions and there can be a debate on this.
04:18We are open to the process.
04:26I think the appointment of the first Chief Justice,
04:31which is the procedure of appointment of Judges in our Judiciary,
04:36that can be described best as of the Judges, for the Judges and by the Judges.
04:43And I have not seen anywhere else in the world where Judges appoint Judges.
04:49You see the whole world, in the United States,
04:52which is the most famous democratic system in the world,
04:57how their Parliament sits there.
05:00There is a bipartisan Judiciary Committee
05:04and the Judges of their Constitutional Court,
05:08on their judicial history, on their legal views,
05:14there is a very rigorous interview process.
05:17And then the whole forum decides who should be their Justice.
05:25In Pakistan, we have tried to bring this kind of arrangement in the past.
05:31At the time of the 18th Amendment,
05:33the Parliament, with full consensus,
05:36with two-thirds consensus,
05:38the Parliament had a collective decision
05:41that the Parliament would have such a Committee
05:44and that Committee would elect the Judges of Pakistan.
05:48Our Honorable Chief Justice at that time,
05:52Justice Iftikhar Chaudhary,
05:54he had our entire 18th Amendment,
05:57which was the first successful amendment of the 1973 Constitution,
06:04which removed all the black laws in this country for Amir,
06:09which made him devolution,
06:11which gave the common man his right.
06:14He blackmailed us in front of us,
06:19that either you give me back this process,
06:23so that I can appoint my own judges,
06:27or I can undo your entire Constitution.
06:32So, since then, we have been trying this process,
06:37but we could not do it.
06:39Even today, when my proposal is that we go back to the 18th Amendment,
06:43Mulana Fazl Rehman's group had a different proposal,
06:48which was that the Judges Committee of the Parliament
06:52and the Judicial Judges Committee,
06:55should be consolidated,
06:57so that there are not only the representatives of the Parliament,
07:00but also the representatives of the Judiciary,
07:02as well as, what do you call it,
07:06the representatives of the Bar Councils, etc.
07:08If there is a way out of this,
07:11then the Pakistan People's Party has no objection to it.
07:14Mr. Bilawar, obviously, you are giving all kinds of suggestions,
07:17because the bill has not come yet.
07:19What I want to ask you is that,
07:21the agreement between you and the Government,
07:24because obviously, we are assuming,
07:26and I think rightly so,
07:27that the agreement between you and the Government,
07:31was not made because Mr. Mulana did not agree to it.
07:34So, did you both agree to this,
07:37that the first Chief Justice of the new Constitutional Court,
07:39the Prime Minister, should be appointed,
07:40so that we can talk openly?
07:41Because everywhere, the government wants that
07:44Mr. Faiz Isa should either be given an extension,
07:46or he should be appointed to the Constitutional Court.
07:48There are a few points on this,
07:50which I would like to raise.
07:52Firstly, this matter,
07:54the input of the Pakistan People's Party,
07:56in the draft of the Government,
07:58happened in the context that,
08:00we thought that Mr. Mulana is already on board,
08:03and the Government is already on board,
08:05it was just a matter of time for the Pakistan People's Party to agree.
08:08In that process, yes,
08:10we got some of our talks made by the Government,
08:13and we also agreed to some of the talks made by the Government.
08:18The draft that was in the morning of that day,
08:25Mr. Mulana Fazlur Rahman had a lot of objections to it.
08:30The Pakistan People's Party had a few objections to it.
08:33But whenever you make your own goal,
08:38or your own part of the manifesto,
08:41then you are ready to compromise on other parties.
08:47The approach that we will take now,
08:49is that the original draft of the Pakistan People's Party,
08:53we will send it to Mr. Mulana Fazlur Rahman,
08:56and we are waiting for him to complete his draft,
08:59so that we can bring it to a consensus document.
09:01As far as the initial appointment of the Chief Justice is concerned,
09:08what you are talking about,
09:10the appointment of the Prime Minister,
09:12and the process of notification,
09:17that will have to be a one-time process,
09:21as to how we will start it.
09:23In the future, obviously,
09:25we have suggested that the Chief Justices,
09:28either this new Chief Justice,
09:30which is made by the Constitutional Court,
09:32or a proposal can also come up,
09:34that both the Chief Justices,
09:36or the Chief Justice,
09:38and the Senior Peony Judge,
09:40whatever system they want to make,
09:42the power that the Prime Minister had,
09:44according to our original Constitution,
09:47according to the 1973 Constitution,
09:50before the 1996 Supreme Court Judicial Order,
09:53in the time of Mdm. Benazir Bhutto,
09:55who took this power from the Prime Minister,
09:58and kept it with the Supreme Court,
10:01and in the time of Chief Justice Iftikhar Chowdhury,
10:05that power went to the judges completely.
10:10So, one proposal is that it should go to the Prime Minister.
10:14But my party's opinion was that,
10:17perhaps, given the current political context,
10:21there can be more criticism,
10:27so we can debate on this,
10:29and we can think about it.
10:31One proposal is that,
10:33you should consult with the President of Pakistan,
10:35and the Chief Justice, and the judges,
10:37or you should do it through the same Judicial Commission.
10:41I mean, this can be discussed.
10:43But what you are talking about,
10:45and saying that this is a government proposal,
10:47this is less of a government proposal,
10:49according to our original Constitution,
10:51this was the procedure.