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SC Issues Detailed Judgment in Reserved Seats Case | Decision will be Implemented?? Muneeb Farooq's Analysis
SC Issues Detailed Judgment in Reserved Seats Case | Decision will be Implemented?? Muneeb Farooq's Analysis
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00:00After the practice and procedure ordinance, we can see that the judiciary is also making a lot of progress in the matters of decision making and other matters related to it.
00:09Today, the crisis has clearly deepened when Justice Mansoor Ali Shah wrote a letter to the practice and procedure committee.
00:16In the letter, it is written that until the full court does not review the ordinance, I cannot sit in the committee.
00:21The decision to form the practice and procedure act was of the full court.
00:24In the practice and procedure act, a full court bench or a full court session is possible.
00:30Even after the ordinance came, the previous committee could have continued its work.
00:33The formation of the ordinance committee is not a must.
00:36The formation of the committee was cancelled hours after the ordinance came.
00:40Justice Mansoor Ali Shah wrote in the letter that no reason was told as to why Justice Muneeb Akhtar was removed.
00:45It was also not told as to why the senior judge after Justice Muneeb was also ignored.
00:50It is a one-man show to include a member of the committee.
00:54A full court meeting can also be called on the ordinance.
00:57Until then, if the Chief Justice's committee is not reviewed, I will not sit in the meeting.
01:02Justice Mansoor Ali Shah did not attend the committee meeting after that.
01:06In his absence, we saw that the case has been listed for the review of Article 63A.
01:12The case will be heard on 30th September.
01:15We have with us Justice Muneeb Farooq and Justice Akhtar Kazmi.
01:18On the front of the court, the political front and the Parliament,
01:22they are seeing that no one is ready to back down.
01:24At this time, the situation is going to a point of no return.
01:27Mr. Muneeb, let's start with you.
01:28I have been watching you since morning.
01:30Your opinion is that the case will not be reviewed.
01:32Mr. Talat has said that the case will not be reviewed.
01:35Every lawmaker in this country,
01:37first I had Mr. Shehzad Shaukat, who is the President of the Supreme Court.
01:41He also said that a short judgement has its own respect and it has to be implemented.
01:46When everyone is saying that it has to be implemented,
01:49then why shouldn't it be implemented?
01:52Thank you very much.
01:53Look, the current legal and judicial position in the country
01:58is that the Supreme Court is the biggest court in Pakistan, the apex court.
02:02And legally, the decision of the Supreme Court
02:06has to be made legally and judicially on all institutions, including the courts.
02:12There is no debate in this.
02:14But the argument at this time is that the real fight is that of Pakistan.
02:27The real argument is that the institutions in Pakistan,
02:33like the Supreme Court, the Election Commission, and other institutions,
02:37have decided on the part of the government that it will not be implemented.
02:42If you look at this argument, it is not from now.
02:45It was developed a long time ago.
02:47And when the short order came on July 12,
02:52this process had started after that.
02:55And I gave the news about it first,
02:57that an impression was developed first,
02:59and it came to us in the form of news,
03:01that no one is ready to implement it.
03:04Justice will not get these seats.
03:06Then it developed.
03:08And then what you saw in the middle,
03:10look, it's July 12, and today we are standing in the third week of September.
03:14So you don't see any decision being implemented.
03:17But Muneeb, the decision that is not being implemented,
03:19is it because of some legal provision or is it just misbehavior?
03:23Look, I am very sorry,
03:27the words you used,
03:29although if I tend to be a little flippant with my tongue,
03:34I can still use it very conveniently.
03:37But while sacrificing my belligerence here,
03:40I will say that perhaps it has been decided on the basis of strength and force
03:45that it will not be implemented.
03:49The practical meaning of this is what you said in your sentence.
03:54Now, if this decision has been made,
03:57then I can only say that legally this position is not so correct,
04:02nor is it legally correct.
04:04But the problem is that the division is so distinct
04:07that the government thinks that in the Supreme Court,
04:10the majority of judges are such
04:12who are heavily tilted towards Pakistan Tehrik-e-Insaf,
04:16whereas the discussions between the friends of Pakistan Tehrik-e-Insaf
04:20and our other opposing fraternities,
04:23the Chief Justice and a few fellow judges
04:26provide a lot of convenience to the government
04:30and to the establishment on various occasions.
04:32So this division has become so distinct
04:35that we used to cry at the time of Bandyal Sahib,
04:37so today the situation has worsened even more than that.
04:40And this is a very painful thing
04:43that the Supreme Court of your country
04:46has become so divided
04:48that your judges do not allow you to sit with each other.
04:52The change that took place in the practice and procedure law
04:56by the Chief Justice is in front of us.
04:58It took place under the ordinance.
05:00It is a law. It has become a law.
05:02No one can object to it.
05:04But the way Muneeb Akhtar Sahib was removed from it
05:07and another respected judge was included,
05:10I am also shocked like you and Mr. Akhtar Qazmi,
05:14but I have nothing more to be shocked about.
05:17Okay, you can explain the facts and what is happening
05:20and give your opinion on it.