#Khabar #ImranKhan #PTI #ReservedSeats #ElectionCommission #SupremeCourt #QaziFeazIsa #JusticeMansoorAliShah #JusticeAtharMinallah
(Current Affairs)
Host:
- Maria Memon
Guests:
- Senator Hamid Khan PTI
- Shahzad Shaukat (Lawyer)
- Ather Kazmi (Analyst)
- Muneeb Farooq (Analyst)
SC issues detailed judgement in reserved seats case - Maria Memon's Important Report
Reserved Seats Case - What will the government do now? - Hamid Khan's Legal Analysis
President SC Bar Shahzad Shaukat reacts to SC detailed verdict on reserved seats case
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ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
(Current Affairs)
Host:
- Maria Memon
Guests:
- Senator Hamid Khan PTI
- Shahzad Shaukat (Lawyer)
- Ather Kazmi (Analyst)
- Muneeb Farooq (Analyst)
SC issues detailed judgement in reserved seats case - Maria Memon's Important Report
Reserved Seats Case - What will the government do now? - Hamid Khan's Legal Analysis
President SC Bar Shahzad Shaukat reacts to SC detailed verdict on reserved seats case
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
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NewsTranscript
00:00Assalam-o-Alaikum, with the program Khabar Lahariya, I am Maryam Mehmana.
00:18Today, the country is on the brink of a constitutional meltdown.
00:22Parliament is still incomplete.
00:24Controversy has not settled down after the Supreme Court's decision.
00:29If we talk about the Election Commission, they are not ready to accept the Supreme Court's decision.
00:34If we look at the Judiciary, we see a clear divide there.
00:38After all this, it seems that the political crisis is going to deepen.
00:43Today, the Supreme Court's decision has come to the fore.
00:48On July 12, a brief decision was issued by the Supreme Court on specific sessions.
00:53Two months and 11 days after the brief decision, a detailed decision was issued on specific sessions on September 23.
00:59In the detailed decision on specific sessions, the Supreme Court raised questions about the character of the Election Commission.
01:04It stated that the Election Commission has failed to play its role in the February 2024 elections.
01:11It stated that the Election Commission has been fighting the case as a fundamental opposition party.
01:17The Election Commission's primary task is to carry out transparent elections.
01:21In the detailed decision, the Supreme Court denied the election commission's decision on specific sessions on March 1, 2024.
01:30It stated that this decision has no legal status.
01:33It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
01:41It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
01:48It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
01:52It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
02:00It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
02:06It stated that the election commission's decision on specific sessions on March 1, 2024 has no legal status.
02:13All our candidates who have filed an affidavit against the election commission,
02:18we request the election commission to announce the reserve seats as soon as possible.
02:24Because of this, the Senate elections have not been held today.
02:27The Senate elections are also going to be held.
02:29We request the election commission to announce the reserve seats as soon as possible.
02:34As the Supreme Court has clearly stated,
02:37please do it today, so that there is no delay from tomorrow.
02:40Anyway, you have to issue this notification.
02:43And the current judgment, I think it is a charge sheet against the election commission.
02:49There was no surprise in the press conference held by the government today.
02:53Because when the short judgment came, the government was also saying that
02:57the seats given to Tariq-e-Insaaf were given in a case where they had not asked for those seats.
03:03And they were not a team in it.
03:05Today, Azam Nazeer Tariq Sahib repeated this statement by holding a press conference again.
03:10Tariq-e-Insaaf did not come to ask for these seats as a community.
03:14Throughout, this was a case of the Sunni Unity Council.
03:17According to the current rules, the free candidates who have been considered,
03:23they cannot leave the Sunni Unity Council.
03:26Because their action is irreversible.
03:31This objection of the government has been addressed in the Supreme Court's decision today.
03:35What does this decision say, which has come from the Supreme Court's detailed judgment today?
03:38It says that the Supreme Court stated in paragraph 117 of the detailed decision on specific seats
03:44that there was a request to form a team in the case of PTI.
03:51The Supreme Court stated that according to the common practice,
03:54such requests are first made and a decision is made on forming a team.
03:59Whether it is PTI, Sunni Unity Council or any other political party,
04:03the most important task for the Supreme Court is to protect the rights of the people
04:08under Article 17, Shik 2 and Article 19.
04:11Therefore, to say that the Supreme Court has given relief to the request to form a team of PTI
04:16before the decision has been made, does not hold any significance.
04:21It is said again and again about the recommendations of the Election Commission
04:25that since the matter has not been settled on the intraparty election of Tariq-e-Insaaf,
04:30that is why they cannot get these seats.
04:32Mr. Kabir Dilshaad has repeated this statement again after this decision has been made.
04:38The Election Commission of Pakistan has its own rights.
04:41What the Election Commission of Pakistan says is that
04:43the case of the intraparty election of our election commission is still pending.
04:48And until the decision on the intraparty election is not made,
04:51we will not follow the decision of the Supreme Court of Pakistan later.
04:55First, let us decide on the intraparty election.
05:00This objection has also been addressed in this detailed judgment today.
05:04Let us tell you how it has been addressed.
05:06Eight judges have expressed doubts and doubts in paragraph number 38 of the detailed judgment
05:12that whether the Election Commission has the right to revoke the certificate of an intraparty election of a political party under section 209 or not.
05:22Eight judges also raised the question that whether the Election Commission has used its just and transparent
05:29and impartial rights, especially when the election campaigns had already begun.
05:37Similarly, we also have some reservations about how the case of intraparty elections,
05:42which is purely an internal matter of the party,
05:45can be violated in the name of basic rights of voting for the citizens.
05:50In this decision, the dissenting note, which was part of the minority judgment,
05:56which was written by two judges, has also been mentioned.
06:00It can be seen that the gap and division in the Supreme Court is becoming more clear.
06:05The Supreme Court has expressed doubts on the dissenting note of two judges.
06:09In the detailed judgment of the Supreme Court, two judges, Justice Aminuddin Khan and Justice Naeem Akhtar Afghan,
06:15expressed doubts on the dissenting note.
06:18In the decision, it was said that the way the two respected judges considered the majority decision of July 12,
06:23to be contradictory to the constitution, is not appropriate.
06:27In the decision, it was said that the way the two respected judges gave the observations,
06:31was an attempt to put a barrier between justice and the judicial system.
06:36Today, the government has refused to accept this decision.
06:40When the short judgment came from the Election Commission of Pakistan,
06:43after a while, its position was revealed.
06:46But today, the meeting was held.
06:49After that, the Election Commission of Pakistan has not given this position yet.
06:53Do they have any legal options?
06:55Or will they have to implement this decision?
06:57Is the letter of the speaker more important or the judgment of the Supreme Court?
07:01We will talk about this.
07:02In the first part of the program, we have Mr. Hamid Khan with us.
07:04He is the senior leader of Tehreek-e-Insaf.
07:06He is a senator.
07:07He is also a legal expert.
07:08We will keep taking different opinions on this.
07:10But first, we will talk to Mr. Hamid.
07:12Assalam-o-Alaikum, Mr. Hamid.
07:15Wa-alaikum-salam.
07:16Sir, the government has said in so many words,
07:19in fact, it has directly said that it will not implement this decision.
07:23The Election Commission is still silent.
07:25Although there is a damning charge sheet against it.
07:28It was also in the short order.
07:29But now, the way it has openly spoken about its role,
07:32there is also silence from there.
07:33And the government says that it will not accept the decision.
07:35So, will they force the government to make a decision?
07:38Because they are saying that they are not happy with this.
07:40Will they go for a review?
07:41Will they create legal complications?
08:10But Mr. Hamid, they are saying that this is a rewriting of the constitution.
08:29Because I have also read the article 51 of the constitution.
08:32Mr. Law Minister was quoting it and saying that
08:34since it is clearly written that within three days,
08:37the Jamaat that has joined,
08:38you cannot say again that it is a decision of the Supreme Court
08:41that within 10-15 days, you have to figure out again
08:44which Jamaat you have to go to.
08:45You are overwriting the constitution.
08:49Listen to me.
08:50Because, explaining the constitution is the job of the Supreme Court,
08:55not the job of the law minister.
08:56The job of the law minister is not to say
08:58what is in accordance with the constitution and what is not.
09:01That is a part of the executive body.
09:03Article 190 of the constitution says that
09:07it is necessary for every executive body
09:11that it should act in aid of the Supreme Court.
09:14It cannot be more clear than this.
09:17So, if you look at the dictates of Article 190,
09:22it is clear that the Election Commission does not have any option
09:26and neither does the executive body,
09:29that is, the law minister or for that matter,
09:32any ministry has this option.
09:35The government does not have the option
09:37that it should not act in accordance with the decision of the Supreme Court
09:40or whatever direction the Supreme Court has,
09:44it should not take it further.
09:47But Mr. Amit, we have seen that
09:49many times in the last two years,
09:51the decision of the Supreme Court has been rejected.
09:53Mr. Bandyal's court, Khyber Pakhtunkhwa,
09:56the elections in Punjab were not held.
09:58It was a weak, divided bench, a court,
10:01and then it was thought that
10:03maybe now it will not be so clearly divided again.
10:06Even now, it is not such a united court.
10:11Now, how will they implement their decision?
10:15Look, the thing was that
10:17at that time, I think it was Mr. Bandyal's mistake.
10:20He should have implemented his decision.
10:23If he had dared to do it at that time,
10:26then we would not have had to see this day today.
10:29But anyway, he is not an example,
10:32he is not a precedent that
10:34once the Supreme Court has failed to make its decision,
10:40then it is not that it has become powerless in this matter.
10:49I think that at this time,
10:51the Supreme Court has to take a clear position
10:56that its decision will be implemented.
10:59Now, as far as the division is concerned,
11:02that is fine, the majority is the judgment.
11:04One minority, two judges or three judges,
11:07the controversial note is part of the judgment,
11:11but the effective and applicable judgment
11:15is of the majority, that is the judgment of the court.
11:18But sir, if it had to be implemented,
11:21then within two months, 11 days,
11:23we would not have seen any clear evidence
11:25that the Supreme Court has started to implement its judgment.
11:28The Speaker has written a letter.
11:30Now, what is the legal status of that letter to the Election Commission
11:34under which those seats have been notified?
11:37The Speaker of the Punjab Assembly has written a letter.
11:39The Speaker of the Khyber Pakhtunkhwa Assembly has written a letter.
11:43What is the legal status of the letter of the Speaker Assembly?
11:46What is the legal status of the National Assembly?
11:48Look, I think there is no such status.
11:51If it is contrary to the decision of the Supreme Court,
11:54then they have no status.
11:56According to me, the Speaker of the National Assembly
11:59and the Speaker of the Punjab Assembly,
12:02both have insulted the court.
12:06Both have violated the court's decision.
12:12And I will think that by writing a letter against Aditya,
12:16he has committed high treason under Article 6.
12:20He has subverted the constitution.
12:23His duty as an executive body was to work in the aid of the Supreme Court.
12:28He has worked against the Supreme Court.
12:31This means that he has violated the constitution.
12:33But Mr. Amit, the judge in the Supreme Court,
12:36we have seen in many previous judgments,
12:38we have seen that even in the judgment,
12:40they mention the character of the other person,
12:43the intention of the other person,
12:45their political views.
12:47Even in today's judgment,
12:49we have seen that the two judges who have been accused of treason,
12:52so when the judges of the Supreme Court
12:54in their judgment, in their dissenting note,
12:57or in their minority judgment,
12:59attack each other like that,
13:01then the government gets an explanation.
13:03They say that when the judges
13:05talk about this judgment,
13:07or its ways, or the political impact,
13:10then our position is validated.
13:15Look, the thing is that
13:17there is always a difference in the courts.
13:20And sometimes the judges give observations about each other.
13:26This has been happening in the US for two and a half,
13:29two hundred and forty years.
13:32Five to four decisions have been made,
13:34six to three decisions have been made.
13:36And in the minority,
13:38they did not give any good observations about the majority.
13:42But this has nothing to do with its applicability.
13:47But Mr. Hamid,
13:48they did not even call each other politicians in robes.
13:51It has come to this point in the judgments
13:53that they have declared each other politicians in robes.
13:56Then the government takes advantage of it,
13:58that when they are implicating each other
14:00that this is politics,
14:01then they say that we will not implement it.
14:03They are giving testimonies against each other.
14:05No, this is not their job.
14:08They have to see what the majority says.
14:11They have to act on it.
14:13And the observations about each other
14:16is an academic thing.
14:18It has nothing to do with enforceability.
14:20What options does the Election Commission have now?
14:23The first short judgment came,
14:24they went into detail on that too.
14:26A detailed judgment came.
14:27The detailed judgment is also not ready to accept the government.
14:29The Election Commission is saying in response to the detailed judgment
14:32that it has made a wrong statement.
14:34So, the Election Commission,
14:36apart from implementation,
14:37will they go to the Supreme Court again?
14:39Do you think the government can take a position in the court on their behalf?
14:45What will happen now?
14:49I think they have no option.
14:52The clarification they asked for,
14:56the Supreme Court has given a very clear clarification.
14:59After that, they have no legal or legal way
15:03that they do not implement it.
15:05They will have to do it.
15:07Sir, are you thinking of a legal forum in the court
15:11against the Tehreek-e-Insaf Election Commission?
15:16Or are you thinking of any legal preparation for it?
15:23Look, that is another thing.
15:25I am not going into that.
15:27What will a party think?
15:29Will they send a reference against them to the Supreme Judicial Council?
15:34That is also possible.
15:36Because the Election Commission has the power to remove it from the Supreme Judicial Council.
15:44So, any matter can be referred to the Supreme Judicial Council.
15:49And any complaint can be filed
15:53that they have committed a misconduct.
15:56In that case, a misconduct case can be filed.
16:00Should it be filed?
16:01What is your legal opinion?
16:05I think it should be done.
16:07Because they have committed so many misconducts over the years.
16:12Their chairman and members have committed all these misconducts.
16:20And filing a complaint against them or filing a reference to the Supreme Judicial Council
16:27will be justified.
16:30Do you see a court of condemnation on the Contempt of Court Election Commission?
16:34Or has that stage not come yet?
16:38I think they should be given a chance to make amends.
16:43That is the final step.
16:45There is no other way.
16:47Anyway, the clarification has come.
16:50And they should make amends within a reasonable time.
16:55Now, there are detailed reasons.
16:57There is no ambiguity in that.
17:00Now, the Election Commission has no excuse
17:04that they should not make amends.
17:07The government is also considering legalization.
17:10It is also bringing an ordinance.
17:11Today, we saw that the Minister of Law categorically said that
17:14the Parliament is supreme over the decisions of the Supreme Court.
17:17When that legalization comes, we see through the ordinance
17:20that there are changes in the practice and procedure of the committee.
17:24And there is also an action on that.
17:26So, there is a weight in their words
17:28that if the Parliament will legalize, bring an ordinance and change the rules,
17:32then it is necessary to believe in the Supreme Court.
17:34So, did the Parliament become supreme?
17:37No, no. Not at all.
17:39Because every organ of state is supreme in its own area.
17:45So, in its own jurisdiction, the Supreme Court is supreme.
17:52The Parliament is supreme in its own area.
17:56But let me clarify this.
17:58Yes, it is the Parliament's job to legalize.
18:02It is correct.
18:03But if legalization is done against the law,
18:07then the Supreme Court can strike it down.
18:10So, the final right to decide which law is in accordance with the constitution
18:17is only with the courts, the High Court and the Supreme Court.
18:22Here, you cannot say that you cannot examine the law in the context of the constitution.
18:31So, the ordinance regarding the practice and procedure
18:34has been implemented.
18:35It has been signed and passed.
18:37Now, the assembly does not talk about bringing it back,
18:40but it has been implemented.
18:41Now, the new benches and committees do not have a justice minister.
18:45And today, we saw that Mansoor Ali Shah
18:47got up from that committee and wrote a letter
18:50regarding the formation of that committee.
18:53So, this crisis is deepening in the Supreme Court.
18:57So, if there is such a weak link,
18:59where there is no consensus,
19:01then how will they implement their decisions?
19:04Do you think this is going to be a problem?
19:31The Supreme Court had a majority against him.
19:37Ultimately, the majority prevailed and he was released.
19:43So, I think the judge is not doing his job.
19:50He is in his final days.
19:52He has one month left.
19:54So, I think the Supreme Court should distribute the court among themselves
20:01and create a chaos in the court.
20:06Thank you very much.
20:07Senator Hamid Khan, senior anonymous of Pakistan Tariq Insaaf,
20:10has been with us since the beginning of the program.
20:12Mr. Shehzad Shaukat, the president of the Supreme Court,
20:14is also with us.
20:15Thank you very much, Mr. Shehzad.
20:16The Supreme Court has given a detailed judgment.
20:18The government is saying that they will not implement it.
20:21No matter what the judgment is,
20:23even after the short order, it should have been implemented.
20:26It has not been implemented.
20:27The government still refuses.
20:29Does the government have the option
20:31not to follow the Supreme Court's decision?
20:35Look, it is not possible in any society.
20:42The Supreme Court's larger bench has given a judgment.
20:45We were all waiting for a detailed reasoning from that judgment.
20:50We have read that judgment.
20:53The government can have many objections to it.
20:57There is no such thing written in the reasoning.
21:03There are many deviations.
21:05This complaint is being made.
21:07But the implementation cannot be stopped
21:12unless a review is filed.
21:14And then the Supreme Court's bench sits in the review
21:17and gives a decision on it.
21:19But the review has been filed.
21:21And I think the best way to resolve this issue
21:26is to fix the review.
21:29But Mr. Shehzad, the practice you have practiced for so many years,
21:33do the review decisions come drastically or dramatically different
21:37or more or less in the same order?
21:41What is your experience?
21:43In the review, the Supreme Court does not differ by 99% from its decisions.
21:51And the parameters of the review that are given in the ruling
21:55are that there has been a lot of injustice
21:59or there has been a lot of disagreement
22:02or there has been a lot of disagreement with the law.
22:05This is what the judge has said.
22:07So the review likes that.
22:09Now, both sides have their own views.
22:15But the judgment,
22:17because the detailed judgment was awaited with great care.
22:21The detailed judgment has come,
22:23in which a lot of things have been asked for a lot of serious clarification.
22:28And a lot of things have been said in it,
22:30I am saying it in a lot of detail,
22:32that have been said in such a way
22:34that perhaps amounts to rewriting the constitution.
22:37Can you point it out specifically so that there is more clarity?
22:40This 70-page judgment will be very long.
22:44But a lot of things have been said in it.
22:46For example, we are seeing that it is being said that
22:51even if someone does not come and he does not come and ask for relief,
22:59still the Supreme Court can give him relief according to its requirements.
23:05This is something which is new to us.
23:07But today, Mr. Shaukat, the court has written that
23:12in this detailed judgment of the PTI,
23:15that we had their request in front of us.
23:18They decide on the request.
23:20They said that the request has come to us,
23:23we are not accepting the request.
23:25And although these people who were in support of the PTI,
23:33they gave a declaration that we have joined the SIC.
23:37But in reality, the mandate was of the PTI.
23:42Now all these things, I am saying that this is the best way,
23:49to fix the review immediately.
23:51And in the review, do you think that the government can get a margin?
23:56Can they get any benefit if they go in the review?
23:59Look, I have said again that the ratio of the Supreme Court in the review
24:04is 99% to uphold their judgment.
24:08There is not much of a leeway.
24:10But at least the things that are being said, they will be set to rest.
24:15And this is probably the best thing right now.
24:20That we fix the review and remove any excuse in someone's mind.
24:25So that at the stage of implementation of this judgment,
24:28if the review does not take place,
24:31then perhaps no option will be left with the Election Commission.
24:35Yes, there is another angle in this.
24:37That angle is a very difficult question.
24:40Because the Amendment Act that has come under the Election Laws,
24:45in this judgment, obviously nothing has been said.
24:49Now that Act, the law has to make its own way.
24:53The review judgment, the detailed judgment of the 8th Member Bench,
24:58has its own implications.
25:00So we are heading towards another complex situation.
25:03And what is the methodology for this, Mr. Shehzad?
25:05Because you have practiced so much.
25:07Until the detailed judgment comes,
25:09until the decision of review comes,
25:11can you withhold the implementation of this?
25:14I mean, the Election Commission...
25:16No, no. This should not be taken in this way.
25:19Look, the short order of the Supreme Court is entitled to equal respect.
25:25This is not the case.
25:26The thing is that there was a misunderstanding in the interpretation of the Election Commission.
25:32There was a misunderstanding in that.
25:34They wrote a letter to clarify this.
25:39Number one.
25:40Number two, there was a law, an Amendment Act.
25:43That Amendment Act is still the legal law of this country.
25:47Now, the Election Commission, obviously,
25:51it is standing between a judgment and the law of the land.
25:56Now, who is it going to go to?
25:59I think the bench should sit down and clarify this.
26:03The letter has been written by the Speaker of the National Assembly to the Election Commission.
26:07So, who should the Election Commission comply with?
26:10The Supreme Court's judgment or the Speaker's letter?
26:12I am asking a specific question.
26:14The Speaker's letter...
26:15Look, the law is important,
26:20but legally, it does not look like a request.
26:23Now, the thing is that the Speaker has also said that this is the legal law of this country,
26:27in which now these people do not have the authority to claim allegiance with any other party.
26:35Now, this is a law that has been made.
26:39Now, the legality of that law,
26:41obviously, it was not said in a detailed judgment.
26:44And it should not have been said.
26:46At that time, this amendment had not come.
26:49Now, an anomalous situation has been created.
26:53And the best solution to this is to make a review and decide on these matters.
26:58Okay.
26:59Before going any further, there is one more issue.
27:01That is, the ordinance that has been brought,
27:03the law on practice and procedure.
27:07Today, we saw that Mansoor Ali Shah did not become a part of that committee.
27:11He left.
27:12The bench was formed in his absence.
27:14And along with that, his letter has come forward,
27:16in which he has asked questions.
27:18And he said that this ordinance should be brought,
27:20it should be discussed first,
27:21how the law has been implemented.
27:23So, this is also a new complication for you people.
27:26Before its implementation.
27:28His letter raises a lot of questions.
27:31But what we understand as a very humble student of law,
27:36that when an ordinance is promulgated,
27:38then it is the law of this country.
27:41Okay.
27:42Now, that ordinance has been challenged.
27:46The courts will decide on it.
27:49But today, as of today, it is the applicable law of the country.
27:55Now, Mansoor's letter has a lot of questions.
28:00But the insistence that this law should be implemented,
28:05perhaps Mansoor can give a better answer to this.
28:09Okay.
28:10But I think that that ordinance,
28:13the Supreme Court has already expressed its disapproval of the ordinance.
28:18But, unfortunately, the law will not change
28:23until the government presents it in the assembly
28:27or the court makes a decision on it.
28:29Thank you very much.
28:30Mr. Shehzad Shaukat, the member of the Supreme Court, was with us.
28:32We discussed different laws in today's detailed judgment.
28:35We will go back to the break.
28:36What are the political implications of this?
28:38This political crisis is deepening.
28:41Are we going to a point of no return?
28:44We will talk about it during the break.
28:45Stay with us.
28:52Welcome back.
28:53After the practice and procedure ordinance,
28:55we can see in the judiciary
28:57that the decision-making and other matters related to it
29:00are getting more intense.
29:02Today, this crisis has clearly deepened even more
29:05when Justice Mansoor Ali Shah wrote a letter to the practice and procedure committee.
29:09It is written in the letter that
29:10I cannot sit in the committee until the full court evaluates the ordinance.
29:14The decision on the formation of the practice and procedure act was of the full court.
29:17It is possible to change the practice and procedure act either through a full court bench
29:20or a full court hearing.
29:23The previous committee could have continued its work even after the ordinance came.
29:26The ordinance does not necessarily declare the formation of the committee.
29:29The formation of the committee was made nine hours after the ordinance came.
29:33Justice Mansoor Ali Shah wrote in the letter that
29:35no reason was given as to why Justice Muneeb Akhtar would be removed.
29:38It was also not said as to why the senior judge after Justice Muneeb Akhtar was also ignored.
29:42It is a one-man show to include a member of the committee.
29:47A full court meeting can also be called on the ordinance.
29:50Until then, if the Chief Justice's committee is not evaluated,
29:53then I will not sit in the meeting.
29:55Justice Mansoor Ali Shah did not participate in the committee hearing after that.
29:59We saw in his absence that the case has been listed for the review of Article 63A.
30:05The case will be heard on 30th September.
30:07Muneeb Farooq and Atar Kazmi are with us in the program.
30:10They are watching from the court, political front and parliament
30:15that no one is ready to step back.
30:17The situation is going to a point of no return.
30:20Muneeb sir, let's start with you.
30:21I have been watching you since morning.
30:23Your opinion is that there will be no effect on the decision.
30:25Mr. Talat has said that there will be no effect on the decision.
30:28Every legislator in this country,
30:30I had Mr. Shehzad Shaukat earlier,
30:32who is the President of the Supreme Court.
30:34He also said that a short judgment has its own respect
30:37and it has to be implemented.
30:39When everyone is saying that it has to be implemented,
30:42then why shouldn't it be implemented?
30:44Thank you very much.
30:46Look, the current legal and judicial position in the country
30:51is that the Supreme Court is the largest court in Pakistan, the apex court.
30:55And legally, the decision of the Supreme Court
30:59is binding on all institutions, including the courts.
31:05There is no debate in this.
31:07But the argument at the moment is that
31:11the real fight is in Pakistan.
31:20The real argument is that
31:23the institutions in Pakistan, the Election Commission,
31:27and other institutions,
31:30have decided on the part of the government
31:33that there will be no action on this.
31:35If you look at this argument,
31:37it has not been there since now.
31:39It was developed a long time ago.
31:41And when the short order came on July 12,
31:45this process had started after that.
31:48And I gave the news about it first.
31:50An impression developed first,
31:52and it came to us in the form of news
31:54that there is no readiness to take action.
31:57Justice will not get these seats.
31:59Then it developed.
32:01And then what you saw in the middle,
32:03look, it's been July 12,
32:05and today we are standing in the third week of September.
32:07So you don't see any action being taken on the decision.
32:10But Guneeb, the decision that is not being taken
32:12is it because of some legal provision
32:14or is it just misbehavior?
32:16Look, I am very sorry.
32:20The words you used,
32:23if I tend to be a little flippant with my tongue,
32:28then I can use it very conveniently.
32:30But while sacrificing my belligerence here,
32:33I will say that perhaps it has been decided
32:37on the basis of strength and force
32:39that action will not be taken on this.
32:41The practical meaning of this is the same
32:44as you said in your sentence.
32:47Now, if this decision has been taken,
32:50then I can only say that
32:52legally this position is not so correct,
32:55nor is it legally correct.
32:57But the problem is that the division is so distinct
33:00that the government thinks
33:02that in the Supreme Court,
33:04the majority of judges are such
33:06who are heavily tilted towards Pakistan Tehreek-e-Insaf.
33:09Whereas the discussion between friends of Pakistan Tehreek-e-Insaf
33:13and our other opposition fraternities
33:16that no, Chief Justice,
33:18I think the judges provide a lot of convenience
33:22to the government and to the establishment
33:24on various occasions.
33:26So this division has become so distinct
33:28that we used to cry at the time of Bandyal Sahib,
33:30so today perhaps the matter has worsened even more than that.
33:33And this is a very painful thing
33:36that the Supreme Court of your country
33:38has become so divided
33:40that your judges do not allow you to sit with each other.
33:45The change that happened in the practice and procedure law
33:49is in front of us.
33:51It happened under the ordinance.
33:53It is a law.
33:55It has become a law.
33:57No one can object to it.
33:59But the way Muneeb Akhtar was removed from it
34:01and another respected judge was included,
34:03I am also surprised like you
34:05and Atharv Kagni Sahib,
34:07but there is nothing more surprising in my capacity.
34:10Okay, you can explain the facts
34:12that are happening
34:14and give your opinion on it.
34:16Atharv Sahib, the government has said
34:18that it will not accept the decision.
34:20It means that it will go for a review.
34:22The legal experts think that 99% of the review
34:24does not get a different result.
34:26So the government will not get any legal relief
34:28from there as well.
34:30We do not know if there will be some magic
34:32or some other miracle.
34:34So it means that the decision will not be implemented
34:36and the court and the judge
34:38will be in front of each other.
34:40So this crisis will increase.
34:42Look, there is no other option in this.
34:44Either they accept a review petition
34:46tonight or tomorrow
34:48and the same bench will approve
34:50their decision.
34:52Otherwise, you have to implement it
34:54in any case.
34:56If you do not implement it,
34:58then there is no effect.
35:00If you do not implement it,
35:02then you have basically
35:04approved the Pakistan law.
35:06And people are saying that
35:08we are going towards a legal crisis.
35:10It was a legal crisis when you did not
35:12have elections on the 9th.
35:14It was a legal crisis when you did not
35:16have elections on the 9th.
35:18It was a legal crisis when you did not
35:20have elections on the 9th.
35:22It was a legal crisis when you did not
35:24have elections on the 9th.
35:26It was a legal crisis when you did not
35:28have elections on the 9th.
35:30It was a legal crisis when you did not
35:32have elections on the 9th.
35:34It was a legal crisis when you did not
35:36have elections on the 9th.
35:38It was a legal crisis when you did
35:40not have elections on the 9th.
35:42It was a legal crisis when you did
35:44not have elections on the 9th.
35:46It was a legal crisis when you did
35:48not have elections on the 9th.
35:50It was a legal crisis when you did
35:52not have elections on the 9th.
35:54It was a legal crisis when you did
35:56not have elections on the 9th.
35:58It was a legal crisis when you did
36:00not have elections on the 9th.
36:02It was a legal crisis when you did
36:04not have elections on the 9th.
36:06It was a legal crisis when you did
36:08not have elections on the 9th.
36:10It was a legal crisis when you did
36:12not have elections on the 9th.
36:14It was a legal crisis when you did
36:16not have elections on the 9th.
36:18It was a legal crisis when you did
36:20not have elections on the 9th.
36:22It was a legal crisis when you did
36:24not have elections on the 9th.
36:26It was a legal crisis when you did
36:28not have elections on the 9th.
36:30It was a legal crisis when you did
36:32not have elections on the 9th.
36:34It was a legal crisis when you did
36:36not have elections on the 9th.
36:38It was a legal crisis when you did
36:40not have elections on the 9th.
36:42It was a legal crisis when you did
36:44not have elections on the 9th.
36:46It was a legal crisis when you did
36:48not have elections on the 9th.
36:50It was a legal crisis when you did
36:52not have elections on the 9th.
36:54It was a legal crisis when you did
36:56not have elections on the 9th.
36:58It was a legal crisis when you did
37:00not have elections on the 9th.
37:02It was a legal crisis when you did
37:04not have elections on the 9th.
37:06It was a legal crisis when you did
37:08not have elections on the 9th.
37:10It was a legal crisis when you did
37:12not have elections on the 9th.
37:14It was a legal crisis when you did
37:16not have elections on the 9th.
37:18It was a legal crisis when you did
37:20not have elections on the 9th.
37:22It was a legal crisis when you did
37:24not have elections on the 9th.
37:26It was a legal crisis when you did
37:28not have elections on the 9th.
37:30We are trying to get Muneeb back
37:32on the phone.
37:34We are trying to get Muneeb back
37:36on the phone.
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