Guzashta Kuch Arsay Se Siyasi Larai Ka Markaz Supreme Court Raha Hai, Irfan Qadir
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00:00There have been petitions filed in the High Court by the PTI.
00:05The Supreme Court has also filed a case on the 17th to stop the apprehended amendments.
00:12Under normal circumstances, the Supreme Court's registrar's office would have been able to dismiss the case.
00:17They have dismissed it.
00:25But the critics are saying that Mr. Faizeesa has made a bench on this case.
00:30They are saying that the case should be sealed.
00:37The Supreme Court cannot take up a case on this case.
00:40It will be seen when it happens.
00:42Otherwise, the registrar would have done it.
00:44So that whatever happens after the 25th, no one can interfere.
00:50So is the bench on the 17th listening to this?
00:54This is not a needless exercise.
00:57The registrar's office would have done it.
01:00The Supreme Court has accepted the hearing so that no one can reopen the case.
01:06Like the Hudaibiya case, when the decision was made, they said that the case cannot be reopened.
01:10It was a very controversial decision.
01:12Why is the bench listening to the 17th?
01:14Mr. Malik, first of all, registrars do not have the authority to decide the issue of maintainability.
01:23They are not petitioning for a constitutional amendment.
01:27It was a matter of maintainability.
01:29Until the case is brought to the committee, the registrar cannot resolve it on its own.
01:34The case will be brought to the bench.
01:37So that has been done in accordance with the law.
01:44There is nothing wrong with that.
01:46There is no need to go too much into that.
01:51I don't think there is anything wrong with that.
01:53What is the justification of the Constitutional Court?
01:55Why now?
01:57This is a very good question and a very important question.
02:00This is the question that has been going on for the past two months.
02:03You must have seen that since the restoration of Iftikhar Chaudhary, it has been 15 years.
02:10In the last 15 years, the arena of the political tug-of-war has been the Supreme Court.
02:17And invariably, we see where the interest of the different judges is.
02:24First of all, Iftikhar Chaudhary came.
02:26In his time, two prime ministers of Pakistan, sorry, one prime minister, Yusuf Zaghlani, was removed.
02:33And before that, there was 58-2B.
02:36Here, 58-2B ended.
02:38So they made 62-1F 58-2B.
02:41And released the government.
02:43After that, we see that the article of Naili came.
02:48Tahayat Naili.
02:50The same Supreme Court removed Mian Nawaz Sharif.
02:53And it became a new 58-2B.
02:57So after that, you see, when Mian Nawaz is acquitted,
03:05then the vote of no confidence comes.
03:08And then Imran Khan Sahib, his government is gone.
03:11So these political upheavals that are coming in Pakistan,
03:16the shock waves that are being created behind it, the Supreme Court…
03:20The ruling party has come up with a solution for that,
03:23that we will decide by the Prime Minister.
03:26If a constitutional court is formed, then the Prime Minister and the President will sit and decide
03:29who will be the Chief Justice.
03:31The Chief Justice of their choice will come.
03:33Then the judges of their choice will come.
03:35So the executive handpicked and created their own court.
03:40This will be even worse.
03:42This is not a solution.
03:43If you have judges sitting right now,
03:45and you don't like 9 out of 8 judges,
03:48and you say, leave it, they are not in control,
03:50let's make a new court.
03:52In that, the Chief Justice of their choice, all the judges of their choice,
03:55then Allah be with them.
03:57Then is this the solution?
03:58That the executive will take over the judiciary?
04:01There are two or three things in this.
04:03The first thing is that this federal constitutional court
04:07is coming into existence through a parliamentary consensus.
04:11And this is a legal method,
04:13through which you can constitute any court.
04:17The second thing is that the present Supreme Court,
04:20the way it was deciding political issues in politics,
04:24if you look at their Code of Conduct,
04:27it is written in the Code of Conduct that
04:29they will not go into political issues,
04:31even if they have legal questions involved.
04:33If the parties are taking legal questions in front of the court,
04:37then what will they do?
04:39Read their Code of Conduct.
04:41If you look at Article 5,
04:43it is specifically written in it.
04:45This Code of Conduct was established during the time of Iftikhar Chaudhary.
04:48And the importance of the Code of Conduct
04:51is in the oath of the judges that we will abide by our Code of Conduct.
04:54You can argue that the decision of 63A was wrong or right.
04:59But if you want to make an interpretation of 63A,
05:01then you will go to the court, right?
05:03No, it is completely wrong.
05:04Where will you go?
05:05There is no need to go to any court.
05:08It is said that in the case of interpretation,
05:10the court is faiq.
05:12Where is it written in the whole Constitution
05:14that the court will interpret?
05:15Nowhere.
05:16Only where the laws are written,
05:18who will interpret?
05:20In the Rules of Business,
05:21the Law Ministry is mentioned.
05:22And if the cabinet or ministers do not agree with the Law Ministry,
05:26then it goes to the Attorney General
05:28and then by comparing the two,
05:30it is interpreted in this way.
05:32But in the name of interpretation,
05:34if you start violating the Constitution,
05:36if you start rewriting the Constitution,
05:38like the previous Chief Justices have done,
05:41I do not want to take anyone's name.
05:43I think I do not even need to quote those specific instances.
05:46It was so much that I could see it 7-8 years ago
05:51that this reform will definitely happen.
05:54And it will still happen.
05:56And if for some reason,
05:57supposing,
05:58there is an issue,
05:59then in the coming days,
06:00this reform will definitely happen.