Sawal Yeh Hai | Maria Memon | ARY News | 12th October 2024
#SawalYehHai #ConstitutionalAmendment #ConstitutionalCourt #PPP #JUIF #PMLNGovt #MariaMemon
(Current Affairs)
Host:
- Maria Memon
Guests:
- Sheikh Waqas Akram PTI
- Syed Naveed Qamar PPP
- Hasnaat Malik (Court Reporter)
- Imran Waseem (Court Reporter)
PPP, JUIF and Govt's draft for 'constitutional amendment' came out - Maria Memon's Report
Sirf 200 Muqadmat Kay Liye 'Constitutional Court' Ki Zarorat Kyun?
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
(Current Affairs)
Host:
- Maria Memon
Guests:
- Sheikh Waqas Akram PTI
- Syed Naveed Qamar PPP
- Hasnaat Malik (Court Reporter)
- Imran Waseem (Court Reporter)
PPP, JUIF and Govt's draft for 'constitutional amendment' came out - Maria Memon's Report
Sirf 200 Muqadmat Kay Liye 'Constitutional Court' Ki Zarorat Kyun?
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
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NewsTranscript
00:00Assalam-o-Alaikum, I am Mary Ameem and you are watching Talk Stories SEO Conference.
00:14PTI has announced that it will reach D-Chowk.
00:17We will talk about this in the program.
00:19Apart from this, all three candidates have come to the public.
00:23We will talk about this.
00:24And finally, has the era of Chief Justice Qazi Faiz Issa reached the end?
00:29A notification has been issued from the registrar's office.
00:31Obviously, this is what it looks like.
00:32But there are many twists and turns in Pakistan's politics.
00:35Let's start.
00:36Kufr is broken.
00:37Khuda Khuda.
00:38The constitution, for which there can be no better word than Habad Dabbad.
00:42A fuss was made to pass this amendment.
00:47An amendment whose constitution no one had seen.
00:50Now finally, its raw constitution has come to the public.
00:53From the side of the government, from the side of the JOIF and from the side of the People's Party.
00:57Quickly.
00:58Let's take a look at the government constitution.
01:00What does the government constitution say?
01:02In the amendment to the constitution, there will be seven articles, including the Chief Justice.
01:08According to the constitution, the Chief Justice of the Constitutional Court and the names of the judges will be given to the Prime Minister through the Parliamentary Committee.
01:15The judge will be 40 years old.
01:17Three years in court and ten years in law will be a necessary experience.
01:21The Chief Justice of the Constitutional Court will be appointed through the consultation of the President and the Prime Minister.
01:26The rest of the members of the Constitutional Court will be appointed through the consultation of the President and the Chief Justice.
01:31For the approval of the judge, a constitutional council will be established.
01:35The final approval of any judge's approval will be given by the President.
01:40The decision of the Constitutional Court will not be challenged in any court.
01:44The appeal of all four constitutional courts will be in the Constitutional Court.
01:49According to the constitution, the appointment of the Supreme Court Chief Justice will also be through the eight-member parliamentary committee.
01:55Three of the senior judges will be appointed.
01:58A constitution of the Constitutional Court has come forward.
02:01Salman Akram Raja has said before in my show that he will also give his suggestions.
02:06So let's see which of these suggestions of the Constitutional Court are included.
02:10But the raw constitution that has come to the fore is something like this.
02:14The Constitutional Court has proposed 24 amendments.
02:17According to the constitution, the Supreme Court and the High Court should form a bench.
02:22The Supreme Court and the Chief Justice should form a bench consisting of five judges.
02:26The High Court and the Chief Justice should form a bench consisting of three senior judges.
02:31This is also proposed by the Constitutional Court.
02:33The 19th amendment is terminated and the 18th amendment is also included in the proposal.
02:39The Constitutional Court will have the power to have a constitutional debate.
02:43The appeal against the decision of the Constitutional Court will be in the Constitutional Court.
02:47The questions sent by the President will be heard in the Constitutional Court.
02:51The amendment to Article 38 of the Constitutional Court is proposed.
02:54The government and the private sector should terminate the interest from January 1, 2028.
03:00The Constitution of the People's Party has also come to the fore.
03:04What does it say? It is very interesting.
03:06The People's Party has proposed the termination of Article 184.
03:09In this, the Chief Justice will have no right to take a notice.
03:14And the right to take a notice will remain with the Practice and Procedure Committee.
03:19In the Constitutional Court of the People's Party,
03:21in Article 175A, a constitutional court has been proposed,
03:25which will consist of five judges,
03:28while the Chief Justice of the Constitutional Court will oversee it.
03:32According to the Constitution, the Chief Justice of the Constitutional Court
03:35will be appointed on the basis of every province,
03:38while the Chief Justice will have his own term of three years,
03:41which will be based on the rotation policy.
03:43The decision of the Constitutional Court will be terminated
03:46and there will be no appeal in any forum.
03:49Four Constitutional Courts have also been proposed,
03:53which will be headed by the Chief Justice of the Constitutional Court
03:56and the rest of the judges will be appointed according to the law.
04:00The decision of the Constitutional Court will be challenged in the Vifaki Constitutional Court.
04:05In the Constitution of the People's Party,
04:07the Constitutional Commission of Pakistan has also been proposed
04:10for the appointment of Supreme Court and High Court Judges.
04:14In the Constitutional Commission, the Chief Justice of the Constitutional Court,
04:17two Senior Judges, Attorney General of Pakistan,
04:20Vifaki Minister of Law, Representative of the Pakistan Bar Council
04:23and members of the National Assembly and Senate will be included.
04:26One of the two members of the National Assembly will be of the Government
04:29and the other will be of the Opposition,
04:31whose nomination will be carried out by the Speaker of the National Assembly.
04:34Similarly, one member of the Senate will be of the Government and the other of the Opposition.
04:39We have with us Syed Naveed Qamar,
04:42who is also a member of the committee where we are discussing the Constitution of the People's Party.
04:46How was today's meeting?
04:49Thank you very much for joining us, Mr. Naveed.
04:52After today's meeting, how close are you to a consensus?
04:57Because there is a disagreement between you and Mr. Maulana on the Constitutional Court
05:01and more or less there is an agreement on other things.
05:03Mr. Maulana is not ready to step back from that.
05:05You also have a strong desire.
05:07So how close are you to a consensus?
05:10Obviously, when there is a discussion,
05:13and especially when there is a discussion on such issues,
05:17then it is a give and take.
05:19Both sides have to show flexibility.
05:24And I think we are at that stage where we have come very close.
05:30Now there are some other things left,
05:33but I am hopeful that these things will be settled.
05:38How much commitment is necessary for you from the Constitutional Court?
05:42Because Mr. Maulana talks about the Constitutional Bench.
05:44And he has such a condition on which he is not voting yet.
05:48He has been negotiating on this for a long time.
05:51So is this a flexible point for you or is this a deal breaker if the Constitutional Court is not agreed upon?
05:58Look, obviously, our entire system from COD to today,
06:04it has been for the Constitutional Court.
06:07And in that respect, we understand that there is a need for time.
06:12To free up people's problems.
06:18And the political issues that are repeatedly brought before the courts,
06:26there is no specialized system to deal with them.
06:31So, obviously, the Constitutional Court is the answer in our opinion.
06:36But there is nothing like a deal breaker.
06:40So maybe that is less, maybe that is more.
06:45Somewhere or the other, it will be done.
06:47Do you have strong reservations about the Constitutional Bench?
06:50Or can that also be acceptable to some extent for the People's Party?
06:55Look, let us complete all these discussions among ourselves.
07:00When the Joint Constitution of the JUI and the People's Party will be presented to you,
07:06then all these things will be answered in that.
07:09Okay, so your Constitution has been presented to us.
07:11There are a few things about it that I would like to talk about.
07:14The JUI is very clear about this.
07:16They have said that there are only 200 cases.
07:18Mr. Kamran Muttaza has quoted those figures,
07:20which Mr. Mansoor Ali Shah spoke about in his address to the Judicial Academy some time ago.
07:25There are only 200 such cases.
07:27Do you want to make a Federal Constitutional Court for this?
07:30Apart from this, you will make a total of 5 to 6 courts in the morning.
07:35You are setting up a parallel system.
07:38Only for 200 cases, sir?
07:40No, this is not a question of 200 cases.
07:44The question is, how much time does it take?
07:46And how much focus is there?
07:48As you have seen, there are some or the other petitions every day.
07:53And things that should be settled in the Parliament,
07:58they go to the courts.
08:01So, if you talk about the backlog,
08:03the backlog has increased.
08:05The backlog has increased partly because
08:09the number of judges should also increase.
08:13But partly because the judges have a lot of time on these things.
08:19Whether it is 150 or 200,
08:21there are 6,000.
08:24So, proportionately, there are a lot of numbers.
08:30I am sorry, there are 62,000 today,
08:32the figure given by the Law Minister.
08:34So, in that respect, I think,
08:38if the time is free up,
08:40it is not the number of cases.
08:42Sir, but the issue is that these are political judicial reforms.
08:46Because there is more backlog in the lower courts than this.
08:48If we talk about the lower courts,
08:50I have 2.4 million cases in the lower courts.
08:52There are only 8,000 judges.
08:54There is no focus.
08:55This is the focus of those cases,
08:57which have a political outcome
08:58and which will reshape the landscape politically.
09:00No.
09:01But one is not an alternative for the other.
09:05There is a need to increase the numbers in the lower judiciary.
09:10There is a need to give more resources.
09:13But because these courts,
09:15the High Court and the Supreme Court,
09:17are regulated by the law.
09:20The other courts are not regulated by the law.
09:24They are regulated by normal administrative procedures
09:27or normal laws.
09:30So, handling that is a different procedure.
09:38And it should be done.
09:39We absolutely support it.
09:41But Mr. Ravi, it is so cost-effective.
09:43You think that 200 cases take a lot of time.
09:46But for that, you made 4 courts,
09:48there will be staff, there will be judges.
09:50My answer to this would be that
09:52there should not be 200 or even 1.
09:54Political cases should not go to the courts.
09:59You are talking about cost-effectiveness.
10:03That is why we thought from the People's Party
10:06that there would be a suggestion
10:07that we should make procedures
10:09to solve these cases in the parliament
10:11with consensus.
10:13Not that an alternate, parallel judicial system should be set up
10:18in which the judges' appointment
10:20is also controversial.
10:22It seems that the government wants to control
10:24that parallel judicial system.
10:27No, no.
10:28There will not be a parallel judicial system.
10:31This is the judicial system.
10:33It needs to be streamlined.
10:35Obviously, you have to handle things separately.
10:41I think you should wait a little
10:44for the final result to come to you.
10:48Then this investigation will also be wasted.
10:51Okay.
10:52How will you manage the vote?
10:54Because one thing is obvious
10:55that there is a discussion on the civilization of this reform.
10:59But at the same time,
11:00it has to be passed by the parliament and the senate.
11:03Do you have a complete vote?
11:05Or are you still relying more on Maulana's vote?
11:08No.
11:09Both are correct.
11:11According to the government,
11:15they have complete numbers.
11:17We also have reliable information
11:20that they have the numbers.
11:22But we do not want the numbers
11:27that you are asking from here and there.
11:32We want a consensus of political parties
11:35in which all people are on board.
11:37It is not a matter of here and there.
11:40Maulana is very much a stakeholder in the parliament.
11:45So, where there will be a Muslim League,
11:49and a People's Party,
11:51and MQM and other allies,
11:55Maulana will also be on board.
11:58So that we can have a broad consensus.
12:02But technically speaking,
12:04without Maulana's vote,
12:06you have numbers in the senate and the assembly.
12:09Is this factually correct?
12:11No.
12:12Numbers in the sense that
12:14if we take more votes,
12:18it is possible.
12:20But we do not want that to happen.
12:23We want a clean constitutional amendment.
12:30As I said,
12:32if we ask for more votes,
12:34a process is initiated.
12:36That will be a challenge.
12:38The court will be more complicated.
12:40What is the timeline in your mind?
12:42Before or after 25th October?
12:44We are stuck in the timeline.
12:48That is why all this happened.
12:50Let us not work on a timeline.
12:52Let us work on the goal.
12:54And according to the goal,
12:56as soon as there is a consensus,
12:59we can move forward.
13:02So, will the goal you want to achieve
13:05reach before 25th October?
13:07Or will it take more time?
13:09Because there are a lot of people
13:11who have not yet reached a consensus.
13:13It can happen in the future.
13:15It is not a hard and fast thing.
13:17But according to me,
13:19where we are standing today,
13:21the government should notify
13:23the next Chief Justice of Pakistan.
13:25The government is deliberately
13:27making the matter controversial.
13:29I think this is also a political game
13:31being played with the Supreme Court.
13:33A party says that a judge is ours.
13:35So, the notification will be issued today.
13:37They will have time.
13:39You notified the Chief Justice of Pakistan
13:41three months ago.
13:43But you did not criticize him.
13:45You did not criticize him.
13:47You did not criticize him.
13:49But you did not criticize him.
13:51You did not criticize him.
13:53One party says that you should notify
13:55the Chief Justice of Pakistan.
13:57The other party says that you should notify
13:59the Chief Justice of Pakistan.
14:01Let us move away from that.
14:03If we look at your own precedent,
14:05you notified the Chief Justice of Pakistan
14:07three months ago.
14:09You set an example based on that.
14:11Maria, look,
14:13we are talking about the Constitution.
14:15The entire way the system will work.
14:17You want a notification
14:19in the first instance.
14:21After that, you want
14:23the final shape of things.
14:25This is also wrong.
14:27Yes.
14:29Right.
14:31I would like you to hear
14:33what Mr. Kaira and Mr. Khawaja
14:35have said.
14:37They have said that
14:39if there is any change
14:41in the Supreme Court,
14:43there will be an election audit.
14:45The government could also go.
14:47Is this a serious concern?
14:49Does the People's Party understand this?
14:51The People's Party
14:53does not have this concern.
14:57All the parties
14:59are one way or the other.
15:01The politicization of the judiciary
15:03includes all these things.
15:05There is a government
15:07who is afraid
15:09that if a judge
15:11comes,
15:13he will cancel
15:15the election.
15:17The other party
15:19says that until
15:21a judge retires,
15:23if a decision is made,
15:25we will be hanged.
15:27For God's sake,
15:29these are all honourable judges.
15:31We should not politicize.
15:33The more we politicize,
15:35the more we will give space
15:37to the senior judiciary
15:39to streamline
15:41the judicial system.
15:43Do you think that
15:45if there is any change,
15:47the government should not have
15:49any problem?
15:51Who is scaring you?
15:53I cannot answer hypothetical
15:55questions.
15:57As a matter of principle,
15:59we should not go into
16:01this debate.
16:03Who is scaring you?
16:05If two senior politicians
16:07are talking,
16:09that might be their view.
16:11I cannot deny that.
16:13But I think
16:15we should avoid it.
16:17Thank you very much.
16:19We will talk after the break.
16:21Stay with us.
16:39Imran Khan has announced
16:41this through his tweet.
16:43The reason is that
16:45he is not in touch
16:47with anyone in the party.
16:49That is why he wants
16:51the government to follow the rules.
16:53The government is trying
16:55to disrupt the SCO.
16:57What does the government council say?
16:59At a time when
17:0112-14 Chief Executives
17:03of the countries
17:05have come here
17:07to sabotage the SCO.
17:09To embarrass Pakistan
17:11in front of the world.
17:13This is not a political
17:15party. It is a political
17:17group. Pakistan
17:19is the enemy of Pakistan.
17:21Their aim is to sabotage
17:23the Shanghai Conference.
17:25Will Imran Khan be free
17:27from D-Chowk's protest?
17:29The agenda of PTI is to
17:31always keep the country
17:33destabilized.
17:35People are not
17:37100% sold
17:39that this protest
17:41should be held at this time.
17:43Malik Ali Muhammad Khan
17:45is on record.
17:47He thinks this is not
17:49the right time to protest.
17:51Personally,
17:53we all say that
17:55there should not be a protest.
17:57These are all our honorable guests.
17:59Not only the government,
18:01but also the opposition.
18:03J-U-I-F
18:05is also
18:07saying that
18:09this protest
18:11should not be held
18:13in Islamabad.
18:15Our request to them
18:17is that
18:19this is not the right time
18:21to protest.
18:23When such
18:25international conferences
18:27take place,
18:29shouldn't there be a protest?
18:31There are political protests.
18:33There are protests to
18:35make conditions for social issues.
18:37The media and
18:39the focus of the world
18:41wants their demands
18:43to be heard.
18:45It's just sheer optics.
18:47This has been happening all over the world.
18:49In Brussels,
18:51farmers created chaos.
18:53At the EU Summit,
18:55they got some
18:57relief for themselves.
18:59There were leaders
19:01from all over the world,
19:03but the farmers
19:05agreed to their demands.
19:07There is always
19:09disruption outside the UN Security Council.
19:11Whenever leaders from all over the world
19:13come there,
19:15people protest for their own issues.
19:17There is constant protest on Gaza,
19:19especially when Netanyahu comes.
19:21When world leaders were meeting in Munich,
19:23we saw anti-war demonstrators
19:25standing outside.
19:27It's obvious that
19:29they have to be contained,
19:31but they are allowed to protest.
19:33There was a UN climate conference.
19:35It was suspended
19:37when the protesters
19:39disrupted it.
19:41People are raising their voices
19:43about Palestine.
19:45This conference could not take place.
19:47Is it out of the blue
19:49or
19:51out of the blue?
19:53History tells us it's not like that.
19:55Mr. Bilawal Bhutto is on record.
19:57When the OIC was held 2 years ago,
19:59the opposition was negotiating
20:01for political space.
20:03What did the People's Party
20:05say about the OIC?
20:07Let's listen to Mr. Bilawal Bhutto.
20:09Until Monday,
20:11the National Assembly
20:13does not present a motion of non-confidence.
20:15My suggestion to the party
20:17and the opposition
20:19is that we will not leave the hall
20:21and we will see
20:23how the OIC conference takes place.
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33:03Welcome back to our show and we are joined by the Chief Justice of Pakistan, Mr. Sheikh
33:09Prakash Akram.
33:10We will be back after the break.
33:11The Chief Justice is on his way home.
33:12We have received a notification from the Registrar that he will have his farewell session.
33:13On 25th, the Chief Justice of Pakistan is leaving but the government has not issued
33:14any notification regarding this.
33:15We will talk about this after the break.
33:16Stay with us.
33:17Welcome back.
33:18The Chief Justice of Pakistan is on his way home but the government has not issued any
33:25notification regarding this.
33:26We will talk about this after the break.
33:27Stay with us.
33:28Welcome back.
33:29The Chief Justice of Pakistan is on his way home but the government has not issued any
33:30notification regarding this.
33:31We will talk about this after the break.
33:32Stay with us.
33:33Welcome back.
33:34The Chief Justice of Pakistan is on his way home but the government has not issued any
33:35notification regarding this.
33:36We will talk about this after the break.
33:37Stay with us.
33:38Welcome back.
33:39The Chief Justice of Pakistan is on his way home but the government has not issued any
33:40notification regarding this.
33:41We will talk about this after the break.
33:42Welcome back.
33:43The Chief Justice of Pakistan is on his way home but the government has not issued any
33:44notification regarding this.
33:45We will talk about this after the break.
33:46Welcome back.
33:47Welcome back.
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