Practice and Procedure Presidential Ordinance - Experts' Reaction - video Dailymotion

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Transcript

00:00People were thinking that Chief Justice Qazi Faiza is not interested at all, he is leaving.

00:04So, he did not let these goals be fulfilled.

00:07And judges were available on Friday, but Justice Qazi Faiza was not available.

00:11Obviously, this is also an impression.

00:13In the first part of the Welcome Back program, Barrister Aqeel Malik was with us.

00:17He said that the benches that were made for the public missile,

00:20there was no availability of a judge in it.

00:22So, to rotate it, they have brought a practice and procedure bill,

00:25so that there is no obstacle in the formation of the benches.

00:28Now, the situation is that when this practice and procedure ordinance was passed yesterday,

00:31a few hours after that, we saw that there is a change in that committee.

00:35Justice Muneeb is no longer a part of that committee,

00:39instead, Justice Ameen-ud-Din is included.

00:42So, now, the legal fraternity's response to this is not so strict,

00:49but anyway, everyone is condemning it.

00:51If I put the Supreme Court Bar Association's declaration in front of you,

00:54then in its declaration, the practice and procedure has been expressed on the judicial ordinance.

00:59It is a very mellow, mild condemnation.

01:03According to the declaration, the judicial ordinance is in violation of the long-term struggle of the judiciary.

01:07The judicial ordinance is also harmful for fundamental rights.

01:10There is also a deep concern about the time and style of issuing the ordinance.

01:13The ordinance is in violation of Act 2023.

01:17The Supreme Court had repealed the practice and procedure law.

01:20The Supreme Court Bar Association's request to all stakeholders is that

01:23they should uphold the fundamental rights of the freedom of justice and the people of Pakistan.

01:28As far as the program is concerned, we have with us Mr. Asadat Malik and Mr. Raja Mohsin Nijaz.

01:32We will talk to them in this regard.

01:34Mr. Asadat, let's start with you, because when I was taking the government stance,

01:38they were saying that the biggest threat is that it is person-specific.

01:42One person has been given more power to make a roster again.

01:46The Chief Justice is changing.

01:48What are the threats of people?

01:50How can one person be given more power?

01:53There are three votes and there will be a rotation.

01:55There will not always be one person in the committee.

01:57That is absolutely right.

02:00But as soon as the committee is formed,

02:02and there is an impression that

02:04Chief Justice Rameen-ud-Din Khan and Chief Justice Qazi Faisal Amkhyal

02:07and Amkhyal will include the judge in the committee,

02:11then there will be an impression that there is a purpose

02:15for which such cases have to be fixed.

02:18Or in front of the committee,

02:20it was generally the case that

02:22if the committee,

02:24there was a law of three judges,

02:26senior most,

02:27if two people thought that a judicial package is coming,

02:29before that we should take 100 votes,

02:31make it full court,

02:33and the hearing should start.

02:35So that thing has stopped now.

02:37Now the committee will be made time to time,

02:39Chief Justice Qazi Faisal will make it.

02:41And in that,

02:43whichever judge they want, they can include him.

02:45So along with that,

02:47there is a fixation of the case with reference to 1368.

02:49That was on the agenda on Friday.

02:51Although on that, Chief Justice Qazi Faisal has already

02:53given a proposed bench

02:55under the leadership of Justice Mansoor Ali Shah.

02:57And on Friday, the judges were available,

02:59Chief Justice Qazi Faisal was not available.

03:01Obviously, this is also an impression

03:03that they knew that Ardiness was coming.

03:05And then the next day when Ardiness comes,

03:07at the same time,

03:09Aminuddin Khan is added to the committee.

03:11So all these things

03:13seem to be that in one month,

03:15what we are seeing now,

03:17since the time of Umar Atta Bandyal,

03:19there was a plan to control Ardiness,

03:21which is being implemented

03:23in the name of a judicial package.

03:25So that did not happen in the time of Umar Atta Bandyal.

03:27Then the result of the eight-part election,

03:29it did not fulfill

03:31the objectives.

03:33Then the six judges wrote a letter,

03:35then the problem increased.

03:37Then in the reserve seat,

03:39the decision of the majority,

03:41it did not stop.

03:43So now things have come openly.

03:45And obviously, the people who were thinking

03:47that Chief Justice Qazi Faisal is not interested at all,

03:49he is leaving.

03:51So why are they empowering themselves

03:53so much in the last month?

03:55And why is the government empowering?

03:57No, we were not saying

03:59that they are leaving.

04:01We were saying that they are conveying

04:03the message to the people that

04:05the matter is going on.

04:33Supreme Court Bar Association.

04:35So the people there are pro-government.

04:37And we have seen that

04:39there have been so many big issues recently.

04:41And neither has the Supreme Court Bar Association

04:43made any formal

04:45response to it,

04:47nor has the Pakistan Bar Council

04:49made any response to it.

04:51In Vukla, however, there is concern.

04:53But as you know, the Bar Associations

04:55are representative organizations.

04:57And the good fortune of the government

04:59is that all the pro-government people,

05:01especially if we talk about Noon League,

05:03the people who are associated with them,

05:05Vukla, they are present

05:07in the body of the Supreme Court Bar Association.

05:09Similarly,

05:11the Noon League and People's Party

05:13are also present in the Pakistan Bar Council.

05:15So, we have not seen

05:17such a reaction.

05:19Although, this is a formal

05:21attack on the freedom of the court.

05:23You yourself

05:25have given so many arguments

05:27that one person should not be

05:29in power,

05:31that one person should not have

05:33so much power.

05:35Now you have given so much power

05:37to another person.

05:39And the judge

05:41who was appointed as a member of this committee,

05:43that judge,

05:45as Mr. Malik was saying,

05:47is considered to be a co-judge.

05:49In all the big cases,

05:51in the majority,

05:53the Chief Justice himself

05:55used to listen,

05:57he used to listen.

06:01Now, the issue is that

06:03the former judge of the Supreme Court,

06:05Mr. Muzair Naqvi,

06:07when he challenged the reference proceedings

06:09against him,

06:11and this has always been the practice,

06:13Mr. Malik, please correct me if I am wrong,

06:15there is always a stay when a judge

06:17challenges the proceedings of the Supreme Judicial Council

06:19in the Supreme Court.

06:21Even there, he did not get a stay.

06:23This is the same Justice Ameen,

06:25who was listening.

06:27In that case, who were his lawyers?

06:29Makhdoom Ali Khan.

06:31His lawyer was Khwaja Haris.

06:33He was a big lawyer in Pakistan,

06:35but he got a stay there.

06:37Similarly, in the case of the Military Courts,

06:39Justice Ameen was also a part of that bench.

06:41And all the other cases,

06:43he was always with the Chief Justice of Pakistan.

06:47And now, once again,

06:49he has been made a member of the committee.

06:51I think this is very unfortunate.

06:53And this is a big blow

06:55to our system of justice.

06:57I think it will be very difficult

06:59for our judiciary

07:01to escape this blow.

07:03What are the options of the judiciary?

07:05Because now,

07:07Justice Ameen has also

07:09managed to delay it in some way.

07:11Let's see if he can pass it or not.

07:13But then the government

07:15will bring things through an ordinance.

07:17Apparently, they also wanted to do this.

07:19Justice Ameen passed,

07:21but what are the options of the judiciary?

07:23There is a big crisis in India.

07:25The thoughts of the Chief Justice

07:27are different there.

07:29The thoughts of the majority judges are different.

07:31But now, the kind of legislation

07:33that is being passed,

07:35they cannot even take

07:37a decision.

07:39And apparently,

07:41the response that was expected from the outside

07:43was not received.

07:45There was no reaction from the society.

07:47I think it is also in the minds of the judges

07:49to react in the same way

07:51as Qazi Faisal Sahib is doing

07:53in the present situation.

07:55So, it is a matter for more institutions.

07:57So, let's go through grace,

07:59let's spend months.

08:01And in front of the whole public,

08:03whatever is being done,

08:05whatever is happening,

08:07the decision of the reserve seat is here.

08:09Apparently, I also feel that the judges

08:11had some idea of what was going to happen.

08:13The Supreme Court is being finished.

08:15A new court is being formed

08:17and the judges

08:19will also be appointed

08:21along with the Chief Justice.

08:23So, it was very clear that

08:25they have tried their best to stop this.

08:27So, now it seems that

08:29Chief Justice Qazi Faisal is also playing on the front foot.

08:31And he has come openly

08:33as he has made a committee

08:35through this ordinance.

08:37And now, it is expected that

08:39the obstacles in the path of the judicial package

08:41should also be eliminated.

08:43The decision of 63-1 is very important.

08:45Will Qazi Faisal change his mind

08:47about the bench

08:49in which Mansoor Ali Shah

08:51has been appointed?

08:53Because if Mansoor Ali Shah

08:55presides over the bench,

08:57it is also possible that

08:59the case will be extended

09:01to 25 days so that the case

09:03is not decided.

09:05So, let's see how things are taken forward.

09:07Next week is important.

09:09But apparently, it seems that

09:11the reaction from the lawyers

09:13is not good.

09:15I don't think they have any strategy

09:17to make a case.

09:19And the biggest problem for them

09:21is the Chief Justice himself.

09:23And the biggest problem for them

09:25is from within the institution.

09:27And during this time,

09:29the government has provoked

09:31the Supreme Court's decision

09:33not to implement it

09:35regarding the special sessions.

09:37So, this will lead to more

09:39crises and fights.

09:41If you look at the decisions

09:43of the Supreme Court of Pakistan

09:45in the last two years,

09:47we have two big examples

09:49of election-related issues.

09:51One is the decision regarding

09:53the special sessions.

09:55Before that, there was a decision

09:57of the Supreme Court of Pakistan

09:59to hold an election.

10:01It was not followed.

10:03And the Supreme Court

10:05could not do anything

10:07about the Supreme Court's

10:09decision not to implement it.

10:11And when it was not followed,

10:13it means that the Supreme Court

10:15in Pakistan is not following

10:17the Supreme Court's decision.

10:19And we have to see when

10:21the Supreme Court's decision

10:23was not followed,

10:25how it was not followed,

10:27and what were the factors.

10:29When the Supreme Court

10:31of Pakistan decided to hold

10:33elections, the Supreme Court's

10:35decision and the Supreme Court's

10:37decision were not followed.

10:39And the Supreme Court

10:41has repeatedly said

10:43that the decision

10:45regarding the special sessions

10:47is very clear.

10:49And they have also said

10:51that you should come to us

10:53for clarification.

10:55But the situation

10:57is also in front of you.

10:59All the steps that we have

11:01seen from the Election Commission

11:03or the government,

11:05you should celebrate

11:07those steps and

11:09criticize the judges

11:11if you don't like them.

11:13Now you are standing outside

11:15the Supreme Court of Pakistan

11:17and talking about the Jalsa

11:19which cannot be imagined.

11:21There was no action.

11:23There were campaigns

11:25against the women of the house.

11:27We have seen a lot.

11:29Thank you very much.

11:31I think that the fight

11:33between the Supreme Court

11:35and the government

11:37is still going on.

Practice and Procedure Presidential Ordinance - Experts' Reaction

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