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Constitutional Courts ka Muamla, Hukumat Ka Peeche Hatne Ka Iradah? Hasnaat Malik's Give Inside News
Transcript
00:00Saudi Arabia's investment minister has come with a delegation of 130 people.
00:05The government is very happy and says that at least 2 billion dollars plus agreements will be made.
00:10The stock market has crossed the psychological limit of 86,000.
00:14They are very happy about that.
00:15The SCO is happening.
00:17They have broken the PTI, which was a procession.
00:20Mr. Gandapur has been giving clarifications for the past three days.
00:24So, a lot is happening in the country right now.
00:26But the real thing is the same.
00:27The news is that what is going to happen is the news of the constitutional amendments.
00:32Now, Mr. Kamran Murza, the JUI, cancels PTI and the rest of the JUI is a very critical thing.
00:39The government says that we have numbers, but we need Mr. Maulana to be with us for moral authority.
00:45Mr. Kamran Murza, his legal team is also in good spirits.
00:50They have done a lot of ifs and buts.
00:52This evening, Mr. Hafiz Abdullah, the senior leader of the JUI, tweeted something very scary.
00:59He said that a puppet court is being established in the name of the expected constitutional court, which will be under the executive.
01:07Then he said that the members of the judiciary have come out.
01:10It is time to fight for justice and constitutional protection.
01:12If you take silence, history will not forgive you.
01:15Perhaps the government has been given the task to end freedom of expression or go home.
01:20It is very close, but those who know Mr. Maulana say that Mr. Maulana never takes such a definitive position.
01:27He always keeps a manoeuvring room.
01:29So, these are pressure tactics because the government is giving the impression that in the coming days, they will also get reserve seats.
01:36And so far, the Election Commission has not disappointed this government.
01:40Whether it is the service after 8th February to 9th February or when the election tribunals were formed in Punjab.
01:48In the end, the Chief Justice of the Lahore High Court had to step back and the Supreme Court gave him the tribunals.
01:56Then today, when all this was going on, the Chief Justice, Mr. Faiz Issa, said a very interesting sentence.
02:05He said that instead of court decisions, the constitution and the law passed by the parliament should go to that.
02:14So, maybe if the Election Commission is listening, they will get more pressure.
02:19The Chief Justice has said that leave the court orders and follow the act passed by the government.
02:26So, things look hunky-dory on this front.
02:28So, what is happening? What is happening or not happening?
02:31In the first part of the program, we will talk about this.
02:34Mr. Asnath Malik has joined us. He is a great court reporter.
02:37He doesn't talk about right-wingers. He talks about credible things. We have invited him.
02:42Mr. Miral Kiani is with us. He is the senior leader of PMLN and MNA.
02:46We will also talk to Mr. Ali Muhammad Khan. He is the senior leader and MNA of PTI.
02:51Mr. Asnath, very quickly, what is the latest? What are you listening to?
02:55I have heard that Attorney General has met people. He has met friends. He has spoken to others.
02:59From there, it is going on that maybe the constitutional amendment is coming, but the constitutional court is not coming.
03:06I have spoken to a lot of relevant people.
03:09They have said that the work for which all the assemblies are being set up,
03:13the jewel of the crown is the constitutional court.
03:16So, it will come. What is your opinion?
03:19Look, Mr. Malik, there is a meeting of different people on the 7th of every month.
03:24In that, it is said that even if we make a federal constitutional court, it is not sustainable.
03:29There is a lot of pressure from the courts. And it will increase.
03:33The election of the Supreme Court is in the last week of the month.
03:39There are more chances of setbacks.
03:42So, it is said that the idea of a federal constitutional court should be rethinked and dropped.
03:48And then it is said that whether we make Justice Mansoor Ali Shah directly the Chief Justice of Pakistan
03:56and issue a notification or not.
03:58On this, it is being discussed whether Justice Mansoor Ali Shah's notification will be issued in the next 2-3 days or not.
04:05Another opinion is that we have to make a constitutional amendment.
04:08There are many other things.
04:10For example, the issue of appointment of judges.
04:12In that, the Judicial Commission and the Parliamentary Committee,
04:15that is, all the representatives of the Parliament and the judges will sit in one place.
04:20The second issue is that there should be a panel for the appointment of the Chief Justice in the Supreme Court.
04:25So, these are some of the things.
04:27Even if Justice Mansoor Ali Shah's notification is issued,
04:29there are still attempts to make a constitutional amendment.
04:32But it is being said in the federal constitutional court that it should be rethinked.
04:35In fact, the idea of a federal constitutional court should be dropped.
04:40Mr. Kaini, has it been dropped?
04:42Yes, in the name of Allah.
04:43Mr. Malik, thank you for having me on your show.
04:45Look, according to my information, there is nothing like that.
04:48Because other parties are still discussing.
04:52But the idea has not been dropped.
04:55No, no, no.
04:56In my knowledge, the constitutional courts are completely under discussion.
04:59On its methodology, on its details.
05:01A constitutional court, the recomposition of the Judicial Commission,
05:05which was also mentioned by Mr. Asnath,
05:07in which the parliamentary representation, both opposition and treasury are present.
05:10Now, yes, the exact limits of the constitutional courts.
05:14Now you will get the results.
05:17Now, look, the rest of the debate is still going on on the details.
05:23But the constitutional courts, as per my information, are very much still on the table.
05:27And all three main parties, JUI, PMLN, People's Party, are discussing this.
05:31As far as the matter of reserve seats is concerned.
05:33Look, the speaker of the reserve seats has now sent two letters to the Election Commission.
05:39And apart from this, you have seen that the review petitions of the Election Commission and the government
05:43are still pending regarding the main judgment.
05:47Which we still consider to be unconstitutional.
05:50Mr. D'Souza has also said that they should leave the judicial decisions.
05:54When the constitution and the law were made, the government was in control.
05:58No, look, whether it is a parliamentarian or a judiciary,
06:01it is a matter of compliance with the constitution.
06:03Even a decision of the Supreme Court, which is contrary to the constitution,
06:06cannot prevail.
06:07For example, the 63A judgment.
06:09You saw that it was a blatant rewriting of the constitution.
06:12It was a judgment of the Supreme Court.
06:14It was corrected after more than two years of delay.
06:17No, I say that you people did the right thing, but in a wrong way.
06:21I was a critic of the 63A judgment.
06:23No, what did we do in that?
06:24But the way you did it.
06:25No, we did nothing.
06:26The court corrected itself.
06:28First, you gave an order to make a bench again.
06:33Then they made a bench again.
06:35Then a five-member bench was made.
06:37One of the judges did not sit that day.
06:39Muneeb Akhtar did not get up that day.
06:41You still made a four-member bench with the judges.
06:44CJ sir did all the work.
06:46The next day, the judges also came.
06:50So there are a lot of question marks in that.
06:52There are a lot of question marks.
06:53No, there is no question mark for me.
06:54There was no direct work.
06:55No, no, in my opinion, it was a case of better late than never.
06:58Because it should have been done two years ago.
07:00So such a rewriting of the constitution,
07:02in which it is out of my understanding that there is no parliamentarian.
07:05But you have said that a constitutional court will be formed.
07:08Then I will take Ali Mohammad Khan sir as well.
07:11No, no, very quickly.
07:12I would just like to say that look,
07:14at what stage we are now.
07:16A constitutional court, Judicial Commission of Pakistan,
07:18and other cases are under discussion in a constitutional amendments package.
07:23Its details are being discussed on the basis of its various aspects on a daily basis.
07:28Working groups are working, drafts are being shared.
07:30Look, the numbers will flow from the agreement between the three parties.
07:33Once the three parties have agreed in principle two things,
07:36then there will be an agreement on a draft.
07:38So first there will be the numbers of those three parties.
07:40And then the rest of the parliamentarians,
07:42the process of calling them will be seen,
07:44how many members are required.
07:45But first it has to flow from an agreement between these three parties.
07:48It will be done.
07:49Inshallah.
07:50So your cementing bond is very strong, right?
07:53Yes, yes, it is a constitution, it is a parliament, it is a democracy.
07:56Unlike PTI.
07:57There are more bonds.
07:58Unlike PTI, which boycotted the All Parties Conference on an important matter like Palestine.
08:03What seriousness did it show?
08:04Shall I leave?

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