CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis
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CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis
CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis
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00:00You know that the case is going on, there are a lot of investigations going on on the basis of daily programs.
00:08First, let me tell you that today when this case was re-heared in the Supreme Court,
00:14what happened there, the most important dialogue that took place between the Chief Inspector and Barrister Ali Zafar,
00:21I will put that in front of you.
00:23Chief Inspector Qazi Faiz Issa was questioned by a 5-rupee larger bench.
00:30This bench is not legal.
00:33Barrister Ali Zafar raised an objection.
00:36This bench is not even in accordance with the Reconstruction Ordinance.
00:40Barrister Ali Zafar said there.
00:43We have not been challenged with the Reconstruction Ordinance.
00:46Chief Inspector put the question in front of him.
00:50I am not talking about the legal status of the ordinance, Barrister Ali Zafar.
00:54I am saying that the formation of the bench was not in accordance with the law, Barrister Ali Zafar.
00:59The law says that a three-member committee will sit down and make a bench, Barrister Ali Zafar.
01:05There is no scope for two members of the committee to sit down and make a bench in the law.
01:12Barrister Ali Zafar presented this argument there.
01:15Justice Mansoor Ali Shah did not come to the committee and wrote a letter.
01:20I want to read that letter.
01:22Barrister Ali Zafar said there.
01:24You just read the relevant paragraph.
01:26Justice Qazi Faiz Issa said there.
01:30You read that letter.
01:32You will have to read the answer to it.
01:35You will remember.
01:36Justice Mansoor Ali Shah wrote a letter.
01:38Senior Punit Judge, who is a permanent member of the committee.
01:41Justice Qazi Faiz Issa also wrote a letter in response to it.
01:44Chief Justice Qazi Faiz Issa wants to embarrass the judges here.
01:49Justice Mansoor Ali Shah talked about the full court on the constitutional audience, Barrister Ali Zafar.
01:53Justice Muneeb did not become a member of the bench on 30th September, Barrister Ali Zafar.
01:58In the absence of Justice Muneeb Akhtar, the bench should not have been formed.
02:03This was also his argument.
02:05The four-member bench that was formed on 30th September was not formed by any committee.
02:12First, it should be decided whether the bench is legal or not.
02:15This decision will be made.
02:17After this decision is made, I can give my arguments.
02:20The Supreme Court decision is present.
02:23The presence of the judge who writes the decision in the second appeal is necessary.
02:27This was also said by Ali Zafar.
02:29Why is it so early in this case?
02:31This was also raised by him.
02:32First, make your rules.
02:34Chief Justice Barrister Ali Zafar.
02:37The objections to the formation of the bench were refuted.
02:41You said that the decision should be made.
02:43So, we made the decision.
02:45We all have a joint decision that we refute the objection of the bench.
02:49Justice Qazi Faiz-e-Sahab.
02:51The second appeal against the formation of the 63-A bench will be heard again tomorrow.
02:57I am sorry, Mr. Chaudhary.
02:59We have taken a lot of time.
03:01We want to present all the hearings in front of the people.
03:03First of all, there are two important points.
03:05First, the committee is made up of three members.
03:09Mr. Ali Zafar said that the ordinance has come.
03:12He also said that the committee should be made up of three members.
03:15You made two committees.
03:17And then you made three committees.
03:19So, this bench is not legal.
03:21How much do you think this is a solid argument from Mr. Ali Zafar?
03:25Obviously, the argument is based on the law.
03:28This is what the law says.
03:30Because there is no concept of a two-member committee in the law.
03:33There is no concept of a forum.
03:35The committee presumes that only three judges will sit.
03:39And first it was that three senior judges would sit, which was also a matter of common sense.
03:43Then Muneeb Akhtar's face was not liked.
03:46So, he went and got the ordinance done.
03:48Mr. Faiz-e-Sahab said that you can take one judge as you wish.
03:52So, he put one judge of his choice in it.
03:55So, now the third judge, who is also a senior judge, is also not agreeing with it.
04:01So, now the problem is that the law says that only a three-member committee will be formed.
04:08And the argument made by Ali Zafar is also based on the law.
04:14But now there are five judges sitting.
04:16And it is obvious that they are judges of their choice.
04:18And if decisions are being made of their choice, then this is what has to happen there.
04:23I would like to talk about Zack Goldsmith.
04:25The tweet he made in favour of Israel, I don't know if you have seen it.
04:30This is the same Zack Goldsmith whom Bani Chairman Tariq-e-Insaaf had campaigned for the Mayor of London.
04:36He said, Israel is fighting for its life, for its very existence.
04:41It is up against a coalition of authoritarian, violent, oppressive regimes.
04:45Israel is the only light in the darkest corner of the earth.
04:50Israel must win.
04:52This is what Zack Goldsmith, whom Bani Chairman Tariq-e-Insaaf had campaigned for Sadaq Khan, is saying.
05:00Imran Khan has never campaigned.
05:03He has campaigned, his videos are available.
05:05No, there is no video.
05:06Outside the mosque, in the UK, in London, he was distributing pamphlets.
05:12I have a video, I will share it with you.
05:14Please share it.
05:15Yes, I will do it.
05:16The second thing, where you have come, that today...
05:18Now, Imran Khan has to answer what the previous brother-in-law is saying.
05:21No, no, that definition...
05:23He had a previous brother-in-law when he was campaigning.
05:26At that time, the present brother-in-law did not come.
05:29Chaudhary Sahib, our real Chaudhary, the one and only Chaudhary Ghulam Sahin Sahib, is saying,
05:34that you have to leave your mother, you have to leave together.
05:37The question is something else.
05:38Now, you understand.
05:39We are going to the point.
05:40Here, the question can also be asked.
05:42Zack Goldsmith.
05:43He has brought this.
05:45You are talking about him.
05:46No, no, I am not talking about him.
05:47You are right.
05:48He is the uncle of Qasim and Salman.
05:49He is my uncle.
05:50He is my uncle.
05:51Our Tahiyat Qaid is ruling in the biggest province of this country right now.
05:58And his younger brother is the Prime Minister in the Centre.
06:01Have you read his statement?
06:02Has the tweet come?
06:03No, no, has it come?
06:04Yes, his statement, have you heard it in the UNGA?
06:08No, no, I have heard the statement in the UNGA.
06:10I am talking about Nawaz Sharif Sahib.
06:11No, no, okay, let's go.
06:12Nawaz Sharif Sahib.
06:13Now, he is talking about the Bench Formation, the Practice and Procedure Committee.
06:19Now, as you are saying, it is good, it is bad, it is right, it is wrong.
06:24Now, the judicial order has been taken today by Mr. Ali Zafar.
06:28Now, you are saying that the Supreme Court's decision is in the field.
06:32So, now this bench formation, legal formation, illegal formation,
06:38the practice and procedure committee was there or not,
06:40now the decision of the Supreme Court's larger bench has come, sir.
06:43Let's take your point forward.
06:45What?
06:46Now, where will you get out of this?
06:47What?
06:48Now, when he has made his application, he has objected to the bench formation.
06:53So, the bench has made his application, so it is his judicial order.
06:56The bench that has been made, he is saying that he does not believe in this bench.
06:59He said that he does not believe in it, he has taken the judicial order from the Supreme Court.
07:02So, the Supreme Court has put a seal on it.
07:04Now, the Supreme Court has put a seal on it.
07:06Okay, okay.
07:07Chaudhary Sahib, ask him.
07:08So, Mr. Chaudhary Sahib, put your light on this.
07:11Nowadays, the government officials, especially Senator Siddiqui,
07:16Mr. Chaudhary Sahib, you know that they also explain to us in their columns
07:20various legal and legal points.
07:22So, we have to understand the various legal and legal points of Mr. Hassan Ayyub.
07:27Please answer the question that I have raised today and then go to Mr. Chaudhary Sahib.
07:30There is no legal and legal point.
07:33Hassan is saying that the government has had a point of view for two years
07:37that we have done it, now you do whatever you want to do.
07:40See, the legal and legal points, ethics, law, are left behind.
07:44There is no answer to that.
07:45Now, you see, like Mansoor Ali Shah wrote in his letter,
07:48that this is a dispute, call the full court for this
07:51and the full court should decide its rules.
07:54Mr. Chaudhary Ghulam Sain.
07:56Yes, this is the point.
08:00What I want to talk to Mr. Fawad Chaudhary is
08:04that when will Pakistan come towards the law and the law?
08:08Now, the goldsmiths,
08:10the goldsmiths here, people call them Lahars,
08:15what have they done here?
08:17They are the government.
08:18They are blacksmiths.
08:19They are blacksmiths.
08:22No, I think they have mixed 100 goldsmiths and 1 blacksmith.
08:26Now, no one is saying anything.
08:27Okay.
08:28What?
08:29What have they mixed?
08:30Don't people say that?
08:32They say 100 goldsmiths and 1 blacksmith.
08:34I said that perhaps the term blacksmith has not been used yet.
08:36They are goldsmiths.
08:37Okay.
08:39Leave these things.
08:41They are blacksmiths.
08:42Yes, Mr. Chaudhary.
08:43Mr. Fawad Chaudhary,
08:44will you come out of this mess or not?
08:46Answer this.
08:47You have come to the program.
08:49Thank you very much.
08:51No, Mr. Chaudhary,
08:52the country is coming out of this mess,
08:55but it can come out.
08:57Obviously, there is no issue in coming out.
08:59Whenever an environment is created in coming out,
09:03and I am always saying that there should be grand political dialogue
09:07in which political parties and establishments sit
09:10and decide how to run this country.
09:13And this right that the government of Pakistan will elect the people of Pakistan,
09:19this is the basis of everything.
09:21If you don't believe this, then obviously you can't go beyond this.
09:25This principle will have to be followed,
09:27that the government of Pakistan will make the people of Pakistan,
09:30the people of Pakistan will have the power to bring it down.
09:33And after this principle, other things have to be decided.