Live press conference of PPP chairman bilawal Bhutto zardari | constitution Amendments is not under the supreme court or other courts
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00:00I have been striving for almost 50 years for my heritage.
00:08I am very grateful to Allah that after 50 years,
00:12that woman is getting justice.
00:15But believe me,
00:17the work, the responsibility for which you are sitting there,
00:22nowadays that responsibility is not being fulfilled.
00:26And if we want
00:29to make this judicial system powerful,
00:32if we want
00:34that our citizens get justice immediately and quickly,
00:38if we want that there should be no difference between any province,
00:43and this is the most important thing,
00:45then the judicial system, the judicial system of justice is necessary,
00:50it is a necessity.
00:54Now,
00:56if you look at it from this perspective,
01:00that our parliamentary system,
01:04there too, to maintain the balance of loyalty,
01:08to keep all provinces on the same page,
01:14one is obviously your National Assembly,
01:18where there are directly elected members,
01:22and secondly, we have appointed the Senate of Pakistan, a House of the Federation,
01:29so that there should be equal representation of all provinces,
01:35so that not even one province can overpower another province.
01:41And in the judicial system,
01:45we have, I have not come here today,
01:48to support a government bill,
01:51or to talk about the reform of a government.
01:55If I have come, then the Pakistan People's Party of Charter of Democracy,
02:00and our very simple, very focused proposal,
02:04that judicial appointments may reform.
02:08I am not in that broader perspective.
02:12So, in that perspective,
02:15when we say that you will have to make a loyal court,
02:20then in that loyal court, there will be equal representation of all provinces.
02:27The Chief Justice of that loyal court,
02:30will be on a rotation,
02:33and every province will get a chance to have its own Chief Justice.
02:41If you believe that there are pending cases,
02:48if you believe that in our Supreme Court,
02:53the petitions, the pending cases,
02:56only 15% of cases,
02:59will be of a constitutional nature, of a political nature.
03:06And the rest of the cases,
03:09are the cases of the people,
03:11are the cases of the common man,
03:13are the cases of murder,
03:14are the cases of robbery,
03:15are the cases of abuse,
03:16are the cases of fraud,
03:17are the cases of inheritance.
03:22Now,
03:23if you look at our judicial system,
03:27those 15% political cases,
03:3090% of the time, they are taken.
03:34Now,
03:35if we want,
03:38that we
03:40give justice to the people,
03:42then the institutions that are made for this purpose,
03:44this institution was made,
03:45that institution was made,
03:46to give justice to the people,
03:50then let them do that work.
03:53And as far as the constitutional decisions are concerned,
03:56as far as the political decisions are concerned,
04:00then as we decided in the past,
04:03in the same way, God willing,
04:05we will make a constitutional court,
04:08and that constitutional court
04:10will see,
04:11what are the problems of the constitution.
04:14That constitutional court will see,
04:16that the political cases,
04:19and the work of you,
04:21the work of your clients,
04:24that work,
04:26our judiciary,
04:28and the judicial system,
04:30will continue.
04:32I,
04:33absolutely,
04:35believe in this,
04:37that input should be taken.
04:40We are not from today,
04:42but from the time of Iftikhar Chaudhary,
04:45we have been taking input.
04:47You,
04:49see the election of every Supreme Court Bar,
04:53see every speech,
04:56see every conference of Asma Jahangir,
04:59now,
05:00Farhatullah Babar, Raza,
05:02and all the seminars of judicial reforms,
05:05see their output.
05:08In every speech,
05:12our constitutional court is mentioned.
05:15Our judicial reform is mentioned.
05:18This is not a new thing.
05:21This is a new thing for those people,
05:23for whom history,
05:25starts from April 2021,
05:28and starts from Al-Dawam-e-Aitamad.
05:30For whom,
05:32history starts from 1947 of Pakistan.
05:36For them, this is a very old demand.
05:40For the legal fraternity,
05:42and for the political,
05:44the development of jurisprudence in Pakistan.
05:47You,
05:48two,
05:50major,
05:52constitutional sections,
05:55I would like to talk about.
05:57One is 58-2B,
05:59and the other is 63-A.
06:02As far as 58-2B is concerned,
06:05you know that,
06:08in such a constitution,
06:11there was a weapon,
06:14which was used,
06:16and the democratic governments were sent home,
06:18in a non-democratic way.
06:21And,
06:22there was a long struggle,
06:24against this,
06:26and finally,
06:27we removed this black law,
06:29from the constitution.
06:33Unfortunately,
06:35the same power of 58-2B,
06:38was kept by the court.
06:41And did you see,
06:43how,
06:45whether,
06:46it was Yusuf Reza Gilani,
06:49or,
06:50it was Mian Mohammad Nawaz Sharif,
06:54the power of the people,
06:56which we thought,
06:57we removed 58-2B from the constitution,
07:00and brought it back to the parliament,
07:02and to the people.
07:04The court started using that power.
07:08When we were moving against,
07:11the government of Khan Sahib,
07:14then,
07:15from our allies,
07:17from our party,
07:18from the people,
07:19there was a demand,
07:21that you go to court,
07:23on this issue,
07:24on that issue,
07:25on that issue,
07:26you go to court,
07:27from there,
07:29we will be able to remove it.
07:31But,
07:32the position of the Pakistan People's Party was,
07:35that we,
07:37through the door of the court,
07:39with the power of 58-2B,
07:42of the court,
07:44we don't want to send him home.
07:47Nor,
07:48do we want to send him home,
07:50by knocking on gate number 4.
07:52Our position was,
07:54that instead of looking there,
07:56instead of looking here,
07:58you should focus on the parliament.
08:00Uncertainty,
08:02is the only democratic, parliamentary,
08:05way,
08:06in the whole world,
08:08that if you want to send any elected prime minister home,
08:12then,
08:13the people can do it in the elections,
08:15or their representatives,
08:17can do it through the parliament.
08:20Neither a general,
08:21nor a judge,
08:22has this power.
08:24But, unfortunately,
08:25we have to say,
08:26you all have experienced,
08:28that in the history of Pakistan,
08:30either an Amir used it,
08:32or a judge used it.
08:35We once,
08:36in the history of this country,
08:38through mistrust,
08:39sent a prime minister home.
08:43Before that,
08:44when we were doing the 18th amendment,
08:47we increased the definition of 63A,
08:53because,
08:54against the Pakistan People's Party,
08:57this was a forceful politics.
09:00Sometimes in the form of IJI,
09:02sometimes in the form of parasites,
09:04sometimes in the form of patriots,
09:06sometimes in some other form.
09:08So,
09:09when the consensus was made,
09:11that to combat floor-crossing,
09:14you,
09:15the members of the parliament,
09:18will be bound by the guidelines of the party line.
09:23If they decide,
09:24that the parliamentary line,
09:26for any reason,
09:28that they want to go against the parliamentary party line,
09:33then,
09:34they use the vote,
09:36it is counted,
09:37and then they have to fight by-election,
09:39with the people.
09:40Those people,
09:41who elected them on the basis of that party,
09:44will have to ask them,
09:45whether their vote was right,
09:47or wrong.
09:49In that way,
09:50we put a ban on floor-crossing,
09:52and kept the power of vote in the parliament,
09:55and the freedom of parliamentarians.
09:59Now, come back.
10:00What did the court decide?