#11thHour #ImranKhan #PTI #ReservedSeats #WaseemBadami #ElectionCommission #SupremeCourt #QaziFeazIsa #JusticeMansoorAliShah
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NewsTranscript
00:00The Supreme Court of Pakistan had given a ruling in favour of Pakistan Tariq-e-Insaf
00:06regarding the special sessions, that seats should be given to them.
00:08Its detailed ruling came today, about 70 days after the initial ruling.
00:12We will briefly and in simple words, tell you what this matter is,
00:16where did the matter start, where did it reach today,
00:18what is written in today's ruling, what can happen in the future.
00:21We are standing in October 2024.
00:23This story begins last year in December, December 2023.
00:27See, on 22nd December 2023, the Election Commission of Pakistan,
00:30had declared the Intraparty Elections of Pakistan Tariq-e-Insaf as Kaldam.
00:34The Election Commission had said that the Intraparty Elections that you had conducted were not right,
00:38and had taken back the ballot from them, the party had been deprived of the ballot.
00:43After that, many stages continued, the Election Commission, Peshawar High Court, this whole matter continued.
00:49This is a brief story, after this decision on 22nd December,
00:52when the matter reached the elections on 8th February.
00:55On 8th February 2024, the elections of the National and Provincial Assemblies took place.
00:58After about 11 days, the Tariq-e-Insaf Party of Pakistan,
01:02joined the Sunni Ijtihad Council.
01:04There was a debate whether to go to the MWM or the Sunni Ijtihad Council.
01:08Because when we fought the elections, the ballot was taken from us,
01:10and after the ballot, the election status was taken away.
01:13The PTI was not allowed to fight as a party.
01:15All our candidates fought freely, so where should we go?
01:17The elections took place on 8th February.
01:19After 11 days, they decided that we will go to the Sunni Ijtihad Council.
01:23This is the matter.
01:24Now, we have joined a party, and since we are a part of a party,
01:28and every party has the right to get a special session,
01:31based on the results of the election.
01:33So, the Sunni Ijtihad Council, for a special session,
01:36requested the Election Commission on 21st February,
01:39to give us a special session.
01:41About a week after this, the other parties,
01:44i.e. Muslim League Noon, i.e. People's Party, i.e. MQM,
01:47they claimed on those sessions.
01:49And the Election Commission said, no sir,
01:51these sessions should be given to us.
01:53Because the Sunni Ijtihad Council is not worthy of these sessions.
01:56They have joined this party yesterday.
01:58How are they worthy?
02:00So, they made this request.
02:02About a week after this, the Election Commission of Pakistan
02:05gave a decision, based on 4-1.
02:08They rejected the Sunni Ijtihad Council's request,
02:11i.e. they said that you, the Sunni Ijtihad Council,
02:14who were PTI members, who fought freely,
02:17you will not get these seats.
02:19Now, when this happened,
02:205 days later, on 6th March, it is still going on in 2023,
02:23the Sunni Ijtihad Council decided against the Election Commission
02:26to take a special session.
02:27Now, they went to the court.
02:28They took the first step towards the Peshawar Accords.
02:30They turned to the Peshawar Accords.
02:32They made a larger bench of 5 members.
02:34And all of them unanimously rejected the Sunni Ijtihad Council's request.
02:395-0.
02:40No sir, you will not get these seats.
02:42The decision given by the Election Commission was right.
02:45Your request is rejected.
02:47A week later, on 2nd April,
02:51the Sunni Ijtihad Council went to the Supreme Court of Pakistan
02:54for a special session.
02:56Now, the Sunni Ijtihad Council.
02:58Now, when they went there, the story is brief.
03:01In the month of May,
03:03Justice Mansoor Ali Shah had a three-member bench.
03:06He approved the decision of the Peshawar High Court
03:08and the Oil Addition Commission.
03:10He said that this case is very important.
03:12The larger bench should hear it.
03:14This happened.
03:16After that, the larger bench was formed.
03:18The Chief Justice of Pakistan became the Chief Justice.
03:20His name is Qazi Faizi Sahib.
03:21The 13-member bench was formed.
03:23On 9th July, the decision was secured.
03:25What was that decision?
03:27The decision was that on 12th July,
03:29the Supreme Court declared the decision of the Peshawar High Court
03:31and the Election Commission to be invalid.
03:33And the PTI was given the right to special sessions.
03:36That those decisions were wrong.
03:37You have the right to be given special sessions.
03:40Eight of the 13 judges supported the decision.
03:43Five disagreed.
03:46Mansoor Ali Shah had written the decision.
03:48He has also written the detailed decision of the day.
03:50The people who disagreed, what are their names?
03:52Qazi Faizi Sahib, Jamal Mandu Khel Sahib,
03:54Aminuddin Khan Sahib, Naeem Akhtar Afghan Sahib.
03:56These five people gave the decision.
03:59After that, a few days ago,
04:02the eight-member bench of the Supreme Court
04:04issued a statement in the case of special sessions
04:07and warned the Election Commission of Pakistan.
04:10What was written in the statement?
04:12It was said that there is no ambiguity in the decision of 12th July.
04:14There is no ambiguity.
04:15This short order is very clear.
04:17The Election Commission should not make it complicated.
04:19Act on this decision and give seats.
04:21This was said by the Supreme Court.
04:23After that, Qazi Faizi Sahib also issued a letter
04:26that under what authority the eight judges gave the decision
04:29or issued a statement.
04:30Anyway, he also said that
04:32if the eight judges did not act on the order of the statement,
04:36its serious consequences could be achieved.
04:38Today, 23rd September, the story has come to this day.
04:41The detailed decision of 12th July has been issued.
04:44Today's detailed decision was also written by Justice Mansoor Ali Shah.
04:47In which there are many details.
04:49In which it is said that not giving an election
04:52does not affect the legal right of a political party to fight elections.
04:57That is, he said that it is fine.
04:58If they have not held an election,
05:00then you have deprived them of an election.
05:02Up to this point, it is fine.
05:03But why did you give an additional punishment?
05:05If someone is given an election,
05:07then that party cannot be deprived of this right
05:09and may not even be able to fight an election.
05:11This was done wrong.
05:12The Election Commission has been targeted
05:14with the most severe criticism in today's decision.
05:17And the Election Commission has also reacted to this.
05:19We will discuss this later in your service.
05:21In the decision, the Election Commission was said
05:23to be the backbone of democracy in the country.
05:25It is the fourth pillar of the government.
05:27But in the February elections,
05:28the Election Commission failed to play its role.
05:31And in the end, it was said in this decision
05:33that in the initial decision,
05:35two judges issued controversial notes.
05:37Justice Aminuddin and Justice Naeem Afghan.
05:40These two judges had previously disagreed.
05:43So it was said that,
05:44I would like to tell you that
05:45these two colleagues did not agree with our decision.
05:48On the 3rd of August,
05:50controversial notes were issued.
05:51Okay, those judges had also issued controversial notes.
05:53So in today's decision, it was said
05:54that their controversial notes
05:56are not appropriate in relation to the judges of the Supreme Court.
05:58That is, they disagreed on the controversial notes.
06:00And on that, they were targeted with the criticism of the judges.
06:03That is, this is a clear cut.
06:05Now understand that by taking names,
06:07or with clear signs,
06:09by writing letters,
06:10on the record,
06:11the biggest judges of the biggest court
06:13are targeting each other with criticism.
06:16In today's Supreme Court decision,
06:18Mr. Mansoor Ali Shah has written that
06:20these judges,
06:21that is, Mr. Aminuddin and Mr. Naeem Afghan,
06:24said that our decision is not in accordance with the law.
06:26Justice Aminuddin and Justice Naeem Akhtar's action
06:29is against the position of the judges of the Supreme Court.
06:32As a bench member,
06:34he could have legally disagreed with the facts and the law.
06:37At the same time, the judges could have given different opinions.
06:40However, the way the judges disagreed
06:42is less than the patience and decency of the judges of the Supreme Court.
06:46This is what happened in today's matter.
06:48Now, a million dollar question.
06:50A decision has been issued in July.
06:52We are standing in October.
06:54There has been no implementation.
06:56Will the government now implement this decision
06:58after today's detailed decision?
07:00Apparently, the answer to this is no.
07:02And why are we saying this?
07:03Because the most relevant minister,
07:05that is, the Minister of Law,
07:07Azam Nazeer Talha Razaab,
07:08has come today.
07:09He has held a press conference.
07:11And we will show you.
07:12Listen carefully to what he is saying,
07:14as a result of which,
07:15in simple words, he is saying
07:17that we are not going to act.
07:19The Election Commission has also not started acting in this.
07:21Because the proof of that is that
07:23a parliament has passed a law.
07:25Under that law,
07:27no member can change his party affiliation,
07:30which has been said in this decision.
07:32So now, after this law has come,
07:34this decision has become ineffective.
07:36Hence, it cannot be implemented.
07:38Just see what the Minister of Law of Pakistan
07:40is saying about this decision.
07:42Despite the detailed decision coming,
07:44the matter has to be decided
07:46according to the national law.
07:48Section 104A and Section 66
07:50are part of the law today.
07:53The assumption is still the same
07:55that according to the national law at this time,
07:59the free candidates who have been considered,
08:04they cannot leave the Sunni Hand Council.
08:07Because their action is irreversible.
08:10All friends must have seen the decision.
08:12There is nothing written about it.
08:14It cannot be written because
08:16this is a subsequent development.
08:17This issue is still valid.
08:19The Election Commission of Pakistan
08:21is a legal institution.
08:22The resolution they have taken,
08:24that resolution says that
08:26they have to carry out their responsibility
08:28according to the law.
08:30So, the scheme in the eyes of Pakistan
08:32is written in accordance with the law.
08:34If that is kept in view,
08:36then these seats cannot be given.
08:40Now, the decision of the court is otherwise.
08:43This is a further round of litigation.
08:46I think it is necessary.
08:48Seats cannot be given.
08:50And this matter will go further in the court.
08:52On one hand, this matter has happened today.
08:54On the other hand, another matter has happened.
08:56What is the brief story of that matter?
08:58A practice and procedure committee was formed.
09:00Leaving all the details.
09:02According to which,
09:04whenever benches were made in the Supreme Court of Pakistan,
09:06the cases that will be heard,
09:08the bench was made by the Chief Justice of Pakistan.
09:10Mr. Faiz Ishaq also participated in this,
09:12when he was the Chief Justice himself.
09:14No, the Chief Justice himself should not do this work.
09:16Rather, the three-member committee should do this work.
09:18We will call it the Judges Committee.
09:20This practice is called practice and procedure.
09:22The Chief Justice of the Supreme Court of Pakistan,
09:24the Peonate Judge,
09:26the next Chief Justice,
09:28and the third number,
09:30these three top judges,
09:32their committee will be formed,
09:34and this practice will be made.
09:36Now, after that,
09:38an ordinance came from the President of Pakistan,
09:40that the status of this committee can be changed.
09:42The Chief Justice,
09:44the second senior judge,
09:46the third judge,
09:48the Chief Justice of the Supreme Court of Pakistan,
09:50in this way, the Chief Justice
09:52will select the judges of his choice.
09:54So, one of them became the judge of his choice.
09:56So, this committee will be formed by the Chief Justice himself.
09:58Then the benches.
10:00Here, that ordinance has come.
10:02After a while, the Chief Justice
10:04made a new committee under this ordinance.
10:06And the third member of this bench,
10:08i.e. Muneeb Akhtar,
10:10was replaced by another member,
10:12i.e. Ameen Uddin.
10:14All this happened.
10:16Today, the Judges Committee was held.
10:18Mansoor Ali Shah and Ameen Uddin came.
10:20Mansoor Ali Shah did not come.
10:22He wrote a letter and spoke openly.
10:24In that letter,
10:26Justice Mansoor Ali Shah
10:28expressed his reservations.
10:30He said that after a few hours of the ordinance,
10:32the Practice and Procedure Committee was formed again.
10:34Even after the ordinance,
10:36if Faiz Issa Sahib wanted,
10:38the senior judges should have participated
10:40in the committee.
10:42If Faiz Issa Sahib wanted,
10:44then he could have made Muneeb Akhtar
10:46a member of this committee.
10:48He did not do that.
10:50He did not do that.
10:52Justice Muneeb was removed from the committee.
10:54Joining a member of the committee
10:56is a non-democratic behavior.
10:58This is a one-man show.
11:00The formation of the committee did not tell
11:02why the next senior judge was ignored.
11:04He also said that
11:06until the ordinance is finalized,
11:08he will not participate in this committee.
11:10That is, after today,
11:12the committee that will be formed for the benches
11:14will not participate in this committee.
11:16These are very serious matters.
11:18We will talk to the legal and legal experts
11:20in the second segment.
11:22And now we will talk to the senior
11:24and secretary general of Pakistan Tariq-e-Insaf
11:26and of course the lawyer of the Supreme Court of Pakistan.
11:28There was a lawyer in this case
11:30whose detailed decision is very relevant.
11:32Let's talk to him.
11:34Salman Akram Raja Sahib will be with us.