• 2 months ago
#constitutionalamendment #ConstitutionalCourt #JusticeMansoorAliShah #SupremeCourt #ChiefJustice

Constitutional Court kay Chief Justice, Mansoor Ali Shah ya Phir? Barrister Aqeel Malik's Statement
Transcript
00:00Welcome back to Ayn-e-Tarmeem, where politics is going on at the moment.
00:05There is a cut in Jati Umrah, Muslim League Noon, People's Party, Jamia-Tulma-Islam,
00:13all political parties are present there to agree on one issue.
00:17Mausee-e-Naqvi has also reached there, Governor-e-Punjab is also there,
00:22and of course, Prime Minister of Pakistan and Prime Minister of Punjab are also a part of this meeting.
00:29The decision will be made on what to achieve from this Ayn-e-Tarmeem.
00:33We were talking about this before the break,
00:35that was there a difference between two things, or what the government has to achieve.
00:42We heard that Article 8 was buried, high court transfers were over,
00:46the petitions for 199 were also over.
00:49Now the matter was of the Supreme Court,
00:51and the Supreme Court has judges, and the judges have judges' appointments.
00:54Will there be a Constitutional Court, or a Constitutional Bench?
00:59The Bench means that there will be only one court,
01:02in which the top five judges or top seven judges will only hear Ayn-e-Tarmeem,
01:06and the rest of the cases will go to the other benches.
01:09So, this is a path that is being taken.
01:15I repeatedly ask the government,
01:18that all the stories we heard, the intent we saw,
01:23we saw that it was first started to increase the age of judges,
01:28and then it was said that the judges should be tenured,
01:31and then it was said that out of three or five judges,
01:34even Maulana Sahib addressed this in the Assembly,
01:36that one judge should be appointed as the Chief Justice.
01:40All this seemed to be happening for a reason,
01:43and we know that the government is not very happy with the upcoming judges,
01:48and they don't want to let them become Chief Justices.
01:51Do you think that the Bench would have solved your problem?
01:55Look, the government has never said on any platform,
01:58or any representative of the government has never said that
02:00we have a problem with any upcoming judge,
02:03we have no problem with any judge,
02:05and the judges are completely respectable for us,
02:09and we respect them.
02:10But they should not become Chief Justices.
02:11No, this statement was not even said.
02:13I, in fact, in so much so…
02:15Everything was said in a little way,
02:16but why are you trying?
02:17To a certain extent, I have also said that,
02:19according to the law and the constitution,
02:20and it has happened today,
02:22the 16th is left behind,
02:23then the total is up to the 24th,
02:25the notification will be made on the 24th.
02:27The Constitutional Court is not a person specific,
02:30and it is not being made for a single person,
02:33or it is not being made for a rule-in or a rule-out.
02:35Rule-in, whatever happens, rule-out will happen.
02:37Absolutely not.
02:38Let me ask you a question.
02:40Can Mansoor Ali Shah be a part of the Constitutional Court?
02:44It is highly possible.
02:44If he meets the eligibility criteria, he can come.
02:47If he meets the requirements, he can be a Constable.
02:50No, Muneeb Akhtar can't be a Constable.
02:51It is possible.
02:52This is the problem.
02:53The government…
02:54Look, without saying anything,
02:58everyone knows what is happening in Pakistan at the moment.
03:01Am I right?
03:02Look, I will not comment on this much,
03:05but I will definitely say that,
03:07as far as the Constitutional Court is concerned,
03:11the age that was presented in the Constitutional Court
03:14was 67, 68, and 67 was considered last.
03:19Because there is such a good lot of recently retired judges,
03:22and Saqib Nisar Sahib will also come and be a rule-in.
03:25Where will he come in September?
03:27No, if he is of that age,
03:28Bandyal Sahib will also come and others will also come.
03:30All those who have retired,
03:32Saqib Nisar Sahib has retired 4 years ago.
03:36The one who has recently retired…
03:38He retired at the age of 65.
03:39He has recently become Bandyal Sahib.
03:41Bandyal Sahib is an eligible man.
03:42He can be eligible.
03:43Yes, he can be eligible.
03:44So, why won't he be considered?
03:45All these people will be considered.
03:47And if the High Courts…
03:48If the parameters of the High Courts are increased…
03:50Let me tell you one thing,
03:50Bandyal Sahib won't be the Chief Justice of the Constitutional Court.
03:53You are saying this,
03:53I am saying that if he meets the eligibility criteria,
03:56then he can come.
03:57There is nothing wrong with that.
03:59But can the bench be cut for you?
04:00Will the bench that is going to be made,
04:02do you think Muslim League Noon will be ready for the bench?
04:04What will be the need?
04:05Look, the bench will be…
04:06They have been exercising for so long,
04:07they have been selling their wealth.
04:10Obviously, they will be humiliated.
04:11If they break the bandits,
04:12they will say that you have made a lot of money.
04:14What will be the benefit if the Indian Court can't be made?
04:16My personal and legal view,
04:19which is not the opinion of my personal government,
04:21let me clarify this.
04:23This will be a very futile exercise
04:24if we just go towards the bench.
04:26We have already made the bench in practice and procedure right to a certain extent.
04:30And in that, the same thing that I repeated,
04:32at the cost of repetition, I will say this,
04:34that the matter has to be brought out there.
04:37Why the Constitutional Court?
04:38Ask me what are the benefits of that?
04:41Further protection of your fundamental rights,
04:43all the Pakistani citizens,
04:45a special court…
04:46So, earlier you were taking our fundamental rights,
04:50and now you are defending them.
04:52There will be more strength…
04:54Okay, first you had to take,
04:54then you had to strengthen and return it to us.
04:56No, I will come to that too.
04:58But here, this thing,
05:00apart from that,
05:01access to justice will improve.
05:03All your cases,
05:05people's appeals, revisions,
05:08reviews that have been pending for 20-25 years,
05:09will be heard in the Supreme Court.
05:11Apart from that,
05:12the legacy that we want to leave behind,
05:15you have to see this in the future.
05:17This is a legacy.
05:19This is not a matter of 2-2.5 cases.
05:21These 2-2.5 cases will end.
05:22But now,
05:23if there is an issue of province and loyalty,
05:25it comes to the Council of Common Interest.
05:27There, at least,
05:28if there is a case on constitutional provisions,
05:30then in the court…
05:31I am happy that you mentioned the word legacy.
05:33And the reason for that is that
05:34in our country, if people don't think,
05:36then they don't think about legacy.
05:37People are leaving their lives
05:40and ending their political careers.
05:43But they don't think about
05:44how they will be remembered in this country.
05:46Right.
05:47It's a good thing to think about it.
05:48But when you think about it,
05:49whenever,
05:51if legal reform is done in this way,
05:53I am sorry, this is my view,
05:55whenever it is seen,
05:57in the context of history,
05:58it will be seen that
05:59a very political reform was done
06:00to stop some judges.
06:02How was it done?
06:03First, how was the government formed?
06:06Let's leave that.
06:07Even then, as Mr. Maulana says,
06:09it is a de facto government.
06:09But if people have to break down
06:11and form a government,
06:12then what will be its foundation?
06:14Mr. Maulana himself says
06:15that it is a fake assembly.
06:16It is a fake mandate.
06:17It doesn't have any rights.
06:20I am not reforming.
06:20Mr. Maulana says that.
06:21I don't say that.
06:22So don't blame me.
06:22But Mr. Maulana has also said that
06:24this has been going on for 45-47 years.
06:27And that's why I said that
06:28his second view is that
06:28this is a de facto assembly.
06:30You are the people
06:31with whom we have to deal.
06:33So, this legacy,
06:35I don't know how you want to…
06:37how this assembly wants to be remembered.
06:39How Mr. Mian wants to be remembered.
06:45How Mr. Tariq wants to be remembered.
06:46What Mr. Tariq wants to be remembered.
06:48All these decisions have to be made now.

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