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SC issues Detailed Judgement in Reserved Seats Case | Hassan Ayub's Analysis
SC issues Detailed Judgement in Reserved Seats Case | Hassan Ayub's Analysis
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00:00There are two more paragraphs, which I will read out to you, then you can comment on it comprehensively.
00:05In paragraph 37 of the detailed judgment, it is stated that the election commission's order 22 December 2023,
00:12which the Supreme Court passed on 13 January 2024,
00:17the PTI was declared ineligible to obtain its election certificate under Section 2005, bracket 5 of the Election Act.
00:26As a result of this decision, the other legal and constitutional rights of the PTI were not affected.
00:33In fact, it was observed that if the court had clarified the constitutional position of its order on 13 January 2024,
00:40or the election commission had clarified its order on 22 December 2023 or its order on 13 January 2024,
00:47then there would have been no confusion about the status of the PTI candidates and the specific seats.
00:52As the election commission asked for clarification regarding the implementation of paragraph 10 of our brief decision on 12 July 2024,
01:00there was no legal need in this regard, nor did we find it necessary to ask for clarification of our own order before the two parties,
01:08regarding the points on which the election commission was not clear.
01:12Therefore, we issued a notice to the two parties on the request of the commission without or without hearing the mentioned clarification.
01:19Hassan, this was Justice Shahid Qusmani's opinion.
01:22You have read the entire paragraph of the judgment.
01:26Now, tell us the solution.
01:28This is the opinion of the government.
01:30There is disagreement on this.
01:31This is the opinion of the government.
01:32This is the opinion of various legal experts.
01:34This is your opinion.
01:35The choice is yours.
01:36What is the solution?
01:37The Justice is saying that eventually you will have to go to the Supreme Court.
01:44There is no other option other than this.
01:46You can't hang in between.
01:49Hassan.
01:50No, this judgment can't be instructed.
01:53But you have to see how the implementation of the judgment can be done.
02:00Justice Shahid Qusmani, I believe he was not aware that the appeals of Article 185 have been dismissed
02:08and the impugned order has been satisfied.
02:10I guess he was not aware of this.
02:13You can see that the questions raised by Justice Aminuddin Khan and Justice Naeem Akhtar Afghan
02:20on the brief decision in their detailed reasons,
02:25those are not questions, those are charge sheets.
02:27Mr. Khawar Ghooman, look at Article 51 of the Act, Article 106 of the Act and Article 63 of the Act.
02:35In their presence, without suspending them, this detailed decision of the Supreme Court,
02:40which has been written by Justice Mansoor Shah, has been given detailed reasoning.
02:44Implementation cannot be done on this.
02:46When implementation cannot be done on this, then what is the reason for this?
02:50There are only two things.
02:51Either implementation has to be done on this or not.
02:52So, to implement on this, you need a judgment.
02:55You suspend these articles or remove them.
02:59Put a good article instead of them in the eyes of Pakistan.
03:01Or you can review and recall this judgment by the Supreme Court itself.
03:06Because right now, the matter is such that it will get entangled in between.
03:09There will be no implementation on this.
03:11It is not possible because there will be a violation of the law.
03:13Now, look, there can be a violation of the law.
03:16That is, if for a moment, the Supreme Court says,
03:21that the Election Commission, while violating the law,
03:24which was a uniform symbol, but could not negate party affiliation,
03:29that is a violation of the law.
03:31This judgment, which the judges have written,
03:34this is a violation of the Pakistani Constitution.
03:36This is a violation of the Pakistani Constitution.
03:38If this judgment is not implemented, then there will be a violation of the law.
03:43Because this Article 63, because people have given their signatures before.
03:47Article 51, its violation.
03:50Then Article 106, that is, where will you take these three articles?
03:54And even in this, Article 185, which was the appeal diary,
03:58you did not hear it either.
04:00It has also been dismissed.
04:01That is, four articles of the Constitution of Pakistan are invoked in this.
04:06And you are relying on Article 17.
04:09This will not be possible.
04:10These things are mandatory.
04:12And there can be no implementation on this.
04:14Save your honor.
04:15Put your own review.
04:16Recall this judgment.
04:18And then there are two groups of infidels.
04:22You have no option.
04:23Hassan, your opinion.
04:24Viewers, respecting Hassan's opinion,
04:27I feel that for the next half hour,
04:30the 11 judges of the Supreme Court,
04:33who have given this decision,
04:358 majority, and the other 3 judges,
04:37who have accepted the legal status of Pakistan Tariq-e-Insaad,
04:41and at least half the members have also given,
04:43they will either have to do LLB again,
04:47they will have to explain the law again,
04:49or they will have to explain the constitution.
04:51Because all these things that Hassan Ayub has given,
04:56Article 51, Article 106, and all the references,
05:00one by one, A to Z,
05:03everyone has been responded to in this detailed judgment.