National Assembly aur Punjab Assembly kay Speaker kay Letter ki Qanooni Haisiyat Kiya Hai?
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National Assembly aur Punjab Assembly kay Speaker kay Letter ki Qanooni Haisiyat Kiya Hai?
National Assembly aur Punjab Assembly kay Speaker kay Letter ki Qanooni Haisiyat Kiya Hai?
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00:00Jahangir Jadoon, Ayaz Sadiq saab is saying that the legislation that we have implemented will be in retrospect from 2017 onwards.
00:08And according to this, the Supreme Court's decision cannot be more than this.
00:15It is beyond the scope of legislation.
00:18Now, do you agree with this because Ali Muhammad Khan saab was present there.
00:22He was saying that it cannot be done in retrospect.
00:24No, see there are two reasons for this.
00:27One is that the Supreme Court's judgment has been given a short order,
00:31an explanation has been given and a detailed judgment has to be given.
00:34Now, what is the reasoning behind the detailed judgment?
00:36Basically, there was an interpretation of a constitutional point and an election act.
00:41So, if the Supreme Court interprets a constitutional provision or a detailed judgment is given,
00:47then if the Parliament wants to make an amendment, then it can only be done through a constitutional amendment.
00:54This is a way of pressurizing people to write letters.
00:59When Yusuf Ghilani was sentenced for contempt of court,
01:04the Speaker wrote a letter at that time.
01:07A letter can do nothing.
01:08The Speaker does not have judicial power.
01:10The Speaker should investigate the incident that took place in the Assembly that day,
01:15where he has the power.
01:17He should file an FIR against the people who came from the FIA or the police.
01:21So, you are saying it is a waste of time.
01:23It is a waste of time.
01:24It means that it should not be done.
01:26It should not be done or it cannot be done?
01:28No, it can be done.
01:30It is not a judicial forum.
01:32But they are using the law to tell the ECP to implement the law.
01:36The ECP is a constitutional institution.
01:40It knows that the people there are very competent.
01:43If they themselves do not want to implement the judgment for some reason, then it is up to them.
01:47Otherwise, the Supreme Court's judgment, whether to agree or disagree with it,
01:50it is the judgment of the Supreme Court.
01:52And it is your law to implement it.
01:54You have to implement it.
01:56It is not a matter of insult.
01:58I will take the same question to Mr. Pasha.
02:00Mr. Hassan Raza Pasha, is this law,
02:03the amendment that the Election Act amended in 2024,
02:07is it valid?
02:09Is the Supreme Court's decision valid?
02:11The letter that the Speaker wrote for implementation,
02:14what is its legal status?
02:17Look, the formula of the Tri-Economy of Power in the eyes of Pakistan,
02:22the parliament, the judiciary and the administration have put their domain in it.
02:31Now, there is no doubt that they have done the right of the parliament to legislate.
02:38And the agreed parties have also challenged,
02:42which has not been heard yet.
02:44It has not been heard yet.
02:46Let's see how the Supreme Court of Pakistan sees it.
02:50But the third important thing to see is whether the Speaker
02:56can implement this law in this way.
03:04So my answer is also negative.
03:06If the parliament wants to legislate,
03:11then the courts have to explain it.
03:13And then the administration has to implement it.
03:16Look, where the matter will go,
03:19whether it will go to the administration for implementation,
03:22or it will go to some other regulatory body for implementation,
03:26then they have to deal with the lawyers,
03:30or deal with that law.
03:33And then we have to see our right,
03:35whether the law and the constitution has given us the right
03:39to implement it or not.
03:43There is no other opinion in this.
03:45So you are also saying that the Speaker should not have written the letter.
03:49The ACP should have decided it himself.
03:51So tell me this, Mr. Abbas.
03:53Counter question.
03:56The Speaker has to write the matters of the National Assembly.
04:00And because the Speaker has to deal with the matters of the National Assembly,
04:02then there is a gap in the National Assembly,
04:04because of which the proceedings of the National Assembly have been halted.
04:07And the proceedings are that they have to amend the constitution,
04:09but the numbers are not complete.
04:11If the implementation of this law is done,
04:14then the numbers will be completed.
04:15And if the numbers are completed,
04:16then the proceedings of the National Assembly will move forward.
04:18Now this is a hurdle.
04:21To remove this hurdle,
04:23in the proceedings of the National Assembly,
04:25shouldn't the Speaker of the National Assembly write a letter?
04:29No, I don't think so.
04:31He should call a hearing.
04:33He should legislate on it.
04:35He can present a resolution.
04:37He can do anything.
04:38Look, one solution to this,
04:40I have been saying from day one that
04:42the only solution to this is with the Supreme Court of Pakistan.
04:46We will have to look at them a little too.
04:48Why are they not announcing a detailed judgment?
04:51And secondly, after announcing a detailed judgment,
04:55the review petitions that have come,
04:57should be put up for hearing.
04:59And give an exhaustive kind of judgment.
05:02At least remove this confusion.
05:06If they don't do it and delay it,
05:08then this kind of situation will continue to develop.
05:12Sometimes the Speaker will write a letter.
05:13Sometimes the administration will say something.
05:15Sometimes the election commission of Pakistan will say something.
05:17So I think the Supreme Court of Pakistan should move forward.
05:23So the decision is a detailed judgment.
05:26Detailed judgment.
05:27It should be given.
05:28It should not be ignored.
05:29Mr. Jadun, now the question arises,
05:31what options does the ECP have?
05:34The ECP has one option,
05:35that the decision of the Supreme Court,
05:37whatever it is,
05:38should be implemented.
05:39According to that, it should be noticed.
05:41They haven't done that yet.
05:42It has been delayed.
05:43Secondly, the law that the Parliament has passed,
05:48has brought an amendment,
05:49has brought a retrospective,
05:51that is, there will be a divorce in the past as well,
05:53from 2017.
05:54By implementing that,
05:55the number game should be changed.
05:57And all of them should not be included in the PTI.
06:00SIC should remain SIC,
06:01PTI should not be made.
06:02In your opinion,
06:03for the ECP,
06:05legally,
06:06with the law,
06:07and with legality,
06:08what will be more aligned?
06:10Look, in this,
06:12the ECP has given a judgment to the Supreme Court.
06:14It was a full court.
06:1513 members were present in that bench.
06:18Two disagreed.
06:1911 Judgment Chiefs.
06:21They themselves are saying that
06:23PTI has fought an election as a party,
06:25and these seats are theirs.
06:26So why is the ECP interpreting itself in this?
06:29I don't understand.
06:30That should be implemented straight away.
06:32But the ECP,
06:33is not working as a constitutional institution.
06:36The ECP is biased.
06:38That is the reason.
06:39The government says the same about some other institution.
06:41It is biased.
06:42No, the government,
06:43whether it says it or not,
06:45it is biased because,
06:47if you want to delay a party,
06:52if it wants to,
06:54foreign funding case delays for 7 years.
06:56If it wants to,
06:57it works in minutes.
06:58Use your discretion,
07:00as per law.
07:02The Supreme Court has asked for an explanation.
07:05They have explained.
07:06They said,
07:07these 41 people,
07:08from whom they have given declarations,
07:10notify PTI.
07:11Now they are sitting on it again.
07:13A detailed judgment has come.
07:14This means,
07:15the ECP is not doing it on its own.
07:17There is a force behind it.
07:19Why are you undermining the ECP so much?
07:21Why is there a force behind it?
07:23Why can't it do it on its own?
07:25The ECP is the trustee of the people.
07:27The ECP is an institution in the whole of Pakistan,
07:29which is an institution,
07:30whose job is to hold elections.
07:32The ECP is the worst.
07:34Sometimes RTS sits in 2018.
07:36Sometimes,
07:37all the petitions that come,
07:39today,
07:40the litigation in the Supreme Court,
07:42the delay is the ECP's case.