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Supreme Court Announce Article 63-A verdict | Shehzad Shaukat's Analysis
#pti #pmlngovt #11thhour #waseembadami #cjpqazifaezisa
Supreme Court Announce Article 63-A verdict | Shehzad Shaukat's Analysis
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00:00Mr. Shehzad, please give us your opinion.
00:02They are simplifying it by saying that he is a legislator.
00:07He is a legislator, he is a parliamentarian.
00:10The Supreme Court is the one who legislates that law.
00:11He legislated it. What is so great about it?
00:15So, you disagree with this basic principle that the Supreme Court doesn't have to legislate the law?
00:20Yes, it is correct that the law has to be legislated.
00:23The law has to be legislated.
00:25Mr. Khosla said that where the law is silent,
00:32then the Supreme Court can supply the silence or the absence of something.
00:43In the language of the law, it is called casus omasis.
00:47That is, if the legislature forgets to do something,
00:53then the Supreme Court or the High Courts have the power to supply the omission.
00:59And the judgment that I am referring to,
01:02the 2021 Supreme Court,
01:06in that the Supreme Court said that the principle of casus omasis
01:11is not applied to the law.
01:15If there is an omission in the law,
01:17then only the legislature can supply it.
01:21Now, after saying this, five judges,
01:24how could the majority judgment of three judges be deviated from that judgment?
01:29This is the first thing.
01:30The second thing is that this is not just one judgment.
01:33Look, the legislature has decided in its wisdom
01:39that you will only be punished if you vote against party discipline.
01:44Now, only the parliament had the right to add to it.
01:50Now, let me also say that there are many laws in the world
01:54in which this punishment has been placed on floor crossing.
01:58Pakistan is the only country in which,
02:01although the legislature did not do it,
02:04but the Supreme Court of Pakistan introduced a unique concept
02:08that this vote should not be counted.
02:12There is no country in the world
02:15where in the crime of floor crossing,
02:19you are de-seated and your vote is not counted.
02:23That is, you did not commit a crime,
02:25you were stopped from committing a crime,
02:27and you were also punished.
02:29This logic, at least as a very humble student of law,
02:33is out of my understanding.
02:35Look, there is a definite reality.
02:37The reality is that the parliament, after a lot of deliberation,
02:43brings an opinion in the 18th amendment.
02:46If you do not like the opinion,
02:48you were in the government, you would have amended it.
02:51No, now discuss and amend the amendment that is available.
02:56And let me also tell you that for ten years in this country,
03:00there was a tendency in the amendment
03:02that if you bring no confidence against the Prime Minister,
03:06if you are from the same party,
03:08then your vote will not be counted.
03:10That was a sunset clause.
03:12The Constitutional Court of India said
03:14that after ten years, the application of this amendment will be terminated.
03:17This means that the Constitutional Court of India knew
03:21that we are allowing the vote to be counted after ten years.
03:26Let me conclude this.
03:30First of all, you tell me, Mr. Shahbaz,
03:33you are also the Additional Secretary of the Supreme Court Bar.
03:36You are the President, Mr. Shehzad.
03:38Does this mean that the application that was filed,
03:41the Supreme Court Bar,
03:43is it not a coincidence that you filed an application
03:45to be a member of the Supreme Court?
03:47You are the Additional Secretary, but your opinion is different.
03:50So, what does this mean?
03:52Wasn't this application filed as a member of the Supreme Court?
03:55This application was filed in the previous cabinet.
03:58Mr. Ahsan Boon was its President.
04:00It was probably a coincidence.
04:02Our President controls the majority.
04:06And our President was following it.
04:09Our views are independent.
04:11The thing is that the Cases cannot be normally supplied
04:15in the Constitution.
04:17The Supreme Court or any court should not normally make a gap.
04:20But where there is a lot of money,
04:23where in the Sindh House, the MPAs are filled with money,
04:27Yes, but you should change the Constitution
04:30while looking at the situation.
04:32The Supreme Court should make a decision according to the Constitution.
04:36Or should the Supreme Court look at the situation?
04:38Because your interpretation of the situation
04:40can be different from mine.
04:42You are absolutely right.
04:44The Constitution could have been made.
04:46But right now, there is no Constitutional Institution.
04:48And when there is no Constitutional Institution,
04:50then the Constitution is made by the Supreme Court.
04:53And the Supreme Court will never make such a decision
04:56Your Constitutional Institution means
04:58an assembly whose prime objective is to make the Constitution.
05:01Is this what you are saying?
05:03Yes, it is called the Constituent Assembly.
05:05And that assembly is such an assembly
05:07on which all the countries agree.
05:09Here, there is an assembly
05:11on which half of the countries
05:13call it the Form 47 Assembly.
05:15And the majority does not accept it.
05:17Today, if you count the numbers,
05:19there are no numbers at all.
05:21Sir, according to this definition,
05:23the Supreme Court had an objection
05:25that it is an RTS assembly.
05:27In Pakistan, every election has been controversial.
05:30And sir, very humbly,
05:32you have to see
05:34how this case was handled,
05:36how the judges were isolated,
05:38its urgency,
05:40the utility of this case is over.
05:43Neither Hamza Shahbaz has to become the Chief Minister,
05:46nor Parvez Elahi has to become the Chief Minister.
05:49If you and I had taken this case to the Supreme Court,
05:52we would have been fined
05:54for wasting the court's time.
05:56Why? In this case,
05:58Nazir-e-Sani is a very common thing.
06:00It is not at all common.
06:02There is not even a 1% chance of Nazir-e-Sani.
06:05One in a thousand may be accepted.
06:07And this is such a decision
06:09which was logical.
06:11And you had closed the door
06:13of horse trading in the court.
06:15Today, this decision came
06:17and you saw that there are many parties
06:19who say that we have to decide
06:21on this matter.
06:23So, this could have been reviewed
06:25in a transparent manner.
06:27This could have been reviewed
06:29with confidence by the other judges.
06:31In this review, the third judge
06:33could have been seated in the committee.
06:35We would not have doubted its transparency.
06:37But today, the Supreme Court
06:39of the entire country
06:41has also objected to this.
06:43Sir, please make the final comment
06:45to Mr. Shehzad Shaukat.
06:47Mr. Sehwag is with us
06:49He says,
06:51a series of events like this
06:53will lead to a political development
06:55in today's case.
06:57This could have been done in a non-controversial manner.
06:59I don't want to go into the past.
07:01The way this presidential reference came,
07:03the way this decision was given,
07:05I will save my comments on it.
07:07All this is a part of history.
07:09All of us,
07:11we don't have to live either.
07:13Institutions have to live.
07:15Every institution has to live
07:17We don't have the right to work
07:19outside the framework given in the Constitution.
07:21If we want to survive
07:23as a country,
07:25and move on the path of progress,
07:27I would like to begin
07:29by saying that dialogue
07:31is a very good thing.
07:33We should not immediately
07:35give glaring statements.
07:37This was purely
07:39a point of reference
07:41on which the Supreme Court
07:43of the entire country
07:45will stand.
07:47We are a very responsible institution.
07:49Anyone can be its president.
07:51It could be Mr. Hassan Bhoon,
07:53Mr. Abbas Zubairi, or me.
07:55We will all fulfill our tenure.
07:57The Supreme Court will stand there.
07:59Therefore, the Supreme Court
08:01did not take a case of an individual.
08:03This was a matter of the survival
08:05and survival of this country's Constitution.
08:07And its decision has come.
08:09Thank you very much, sir.
08:11Thank you very much for your time,