"Parliament Agar Hudud Say Bahir Jayega Tu...", Law Expert Shahbaz Khosa's Big Statement

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Transcript

00:00As far as the law point is concerned, the simple question you have asked is whether an act of parliament came after an event,

00:13which was used to nullify that event.

00:17But even after this, there are two events.

00:20First, there is a clarification order of the Supreme Court, which came after this amendment act.

00:28And then there is a detailed order of 3rd September.

00:33The order of 3rd September of the Supreme Court will be the same for all the benches.

00:41In that order, they have also included the quote unquote clarification.

00:46And all those things have been included in it in detail.

00:49At this time, this act had come, it was present.

01:16So, the application of this law, no matter how the parliament makes the law,

01:24is not available to the Speaker National Assembly anywhere.

01:27Its application is only according to the Constitution under Article 189 and 190.

01:33Only the Supreme Court has it.

01:35And in this particular case, not only did this parliament bring a self-serving legislation

01:42and tried to give it retrospectivity.

01:45Meaning, it tried to apply it from behind.

01:49But after that, a clarification order of the Supreme Court came.

01:54And after that, the detailed order came, which is after the act itself.

01:59So, that will take primacy, that will take supremacy, and that has to be followed.

02:05And the deliberation of the Election Commission is completely wrong.

02:10If you look at it by combining all the circumstances,

02:15they are nothing more than a dilatory tactic.

02:18And unfortunately, there are some elements involved in it,

02:21which want that in the meantime, as long as they are delaying it,

02:26the implementation of the Election Commission is delaying it,

02:33the amendment of the Constitution and the amendment of Article 63A,

02:38so that the effect of the judgment of the Supreme Court by Pervez Ilahi and Hamza Shahbaz gets diluted.

02:44Okay, but here, Mr. Khosla, the principal question, which has been addressed repeatedly,

02:48and I think when such places come in such countries, a precedence is also set.

02:53Now, the government has brought an act, it has divorced it in the past.

02:58The Parliament has the right to create any law.

03:01There is also self-serving legislation in this country.

03:04And after that, they can divorce it in the past, divorce it in the future,

03:07if they have passed it in the law, then it is the right of the Parliament.

03:12This is one logic.

03:14The Supreme Court can interpret it, can explain itself,

03:18but the original script comes from the Parliament, which is supreme,

03:21who has to make these laws.

03:23Okay, here I just want to clarify one thing,

03:26and it has been a strange thing for me for a long time,

03:30that every parliamentarian, whom I don't want to say anything,

03:34like our parliamentarians are, I don't want to talk much about them,

03:38but if you look at them, they say only one thing, that we are supreme.

03:42Brother, where are you supreme from?

03:45The Parliament is a chapter within the Constitution.

03:50And only that chapter can work,

03:53which is mandated by the book of the Parliament Constitution.

03:57The book of the Constitution mandates it,

04:00while being within the Constitution,

04:03while being within the framework of the Constitution, it mandates it.

04:07The legislation that you do within it,

04:10or even the constitutional amendment that you do,

04:12the right to interpret it is with the Supreme Court.

04:15The right to declare it as ultra-virus is also with the Supreme Court.

04:20Ultra-virus means that the Supreme Court can take up any legislation

04:26and say whether it is within the framework of the Constitution

04:30which has been given to the Parliament,

04:33or whether it is outside of it.

04:36And if the Supreme Court thinks that this Parliament

04:39has violated its limits,

04:42then it declares such laws as unlawful.

04:45And this is the only work of the Supreme Court,

04:48and the Supreme Court does this every day.

04:50In thousands of cases before this, it does this work daily.

04:53So to say that the Parliament is supreme,

04:56and the mother-father is free,

04:58this will be very dangerous.

05:00This means that the Parliament should say tomorrow

05:02that this mountain of Rekordik, this Zafar,

05:05this is the property of the person.

05:08But Mr. Ghosa, you have to keep a check and balance here.

05:11Even in the past, when the Supreme Court interprets the Constitution

05:14at different times,

05:16it is accused of rewriting the Constitution.

05:19So you have to keep a check and balance.

05:23If the Supreme Court is also an interpretation,

05:25when it violates its rights,

05:27then how will it be balanced?

05:29Look, even in this, the self-mechanism

05:33has its own mechanism.

05:35In this, you have the mechanism of appeal,

05:37you have the mechanism of review,

05:39now you have the mechanism of second review.

05:41This is not the love of the Parliament

05:44to sit on the judgment of the Supreme Court

05:47and analyze it,

05:49or talk about it if it has been rewritten.

05:51It is not the right of any parliamentarian

05:54to issue a fatwa

05:56that the Supreme Court has rewritten it.

05:58The Supreme Court can apply the principle of reading in.

06:04The thing that is not written can also be read in.

06:07The thing that is written can also be interpreted in a different way.

06:11There are laws on interpretation all over the world.

06:14This happens every day.

06:16In India, it has even happened that

06:18the Indian Supreme Court has even said

06:21that this Parliament has legislated hard.

06:24This means that they have deliberately legislated

06:27to repeal the law.

06:29And on this basis too, the law is declared illegal.

06:33If you look here too,

06:35there are many such stories

06:37which seem to be self-serving.

06:40They are being done to achieve a purpose.

06:43Your point has come.

06:45I want to go ahead a little

06:47and conclude this segment.

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