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Maulana Fazal ur Rehman Ki Tajveez ko Hukumat..." Barrister Aqeel Malik's Shocking Revelation
Maulana Fazal ur Rehman Ki Tajveez ko Hukumat..." Barrister Aqeel Malik's Shocking Revelation
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00:00There is only one problem in the whole of Pakistan, one was the small issue of what will happen to the cricket test match.
00:05At this time, Pakistan is in a good position, let's see if they play a game in the morning or not.
00:09Anyway, the second serious issue is the constitutional amendments.
00:13Yesterday, we gave you a regular news that PMLN has backed off from the Constitutional Court
00:21and now we are talking about the Constitutional Benches.
00:23They have used the word Constitutional Division in the bill that has been submitted to the committee.
00:32Now the issue is that what are the issues, what is left to fight about?
00:35Two or three big things.
00:37As we speak, the JUI has started its meeting, after that there is a meeting with the PTI.
00:43And what are the two or three big fights?
00:46Maulana Falzon Rehman Sahib thinks that the current Chief Justice who is to be appointed immediately
00:51should be according to the old principles.
00:53That is, the senior most person, that is, Justice Mansoor automatically becomes the Chief Justice.
00:59According to the draft of PMLN, the Special Parliamentary Committee will forward one name
01:07from the three senior most judges and that name will be binding and the President will give it.
01:14Now the senior most judges are also in a very interesting situation.
01:17Justice Mansoor Ali Shah Sahib is there, then Justice Muneeb Akhtar Sahib is there.
01:21Justice Muneeb Akhtar Sahib has no doubt that the government will also recommend him
01:25and his own formula will also work.
01:28Third number is Mr. Yahya Afridi Sahib.
01:31Mr. Yahya Afridi's reputation is very strong that straight as an arrow,
01:35neither right nor left, he follows the letter of the law.
01:38To be fair, Mr. Mansoor Ali Shah's reputation is the same.
01:41But the experience of PMLN and his allies,
01:45they may count him as belonging to another camp.
01:50And especially the decision of 63A, the decision of reserve seats,
01:54after all these things, they think that maybe he is not.
01:58One thing will be resolved between PMLN and Maulana Sahib that what is being said here.
02:04Maulana Sahib gave another concession to the People's Party after his meeting
02:08that the constitutional benches he was talking about were called People's Party courts.
02:13In the latest draft he has submitted in front of the committee,
02:17he has also talked about the same benches at the provincial level.
02:20So the bench is now done and a court within a court is being formed.
02:24Now the scene is also to be seen that if this constitutional court,
02:29the documents of the government, the draft,
02:32the Judicial Commission of Pakistan will recommend this.
02:37If the existing Judicial Commission of Pakistan is in accordance with this,
02:42then I think all the exercises will fail,
02:45the government's own intentions, because it does not go in their favor.
02:49So clearly there is a change coming and it will come.
02:53There are three or four sensitive subjects, we will talk about them in today's program.
02:57I have been joined by Barrister Aqeel Malik Sahib.
03:00He is an advisor, MNA of the Ministry of Law and Justice.
03:03You became an independent elect and then came to the party in PMLN.
03:07So you put your freedom here.
03:09No, I was from Noorli from the beginning.
03:12So obviously I contested independently.
03:15Why?
03:16There was a seat adjustment.
03:17Okay.
03:18And we are joined by Salman Akram Raja Sahib,
03:20General Secretary of PTI and a senior lawyer.
03:24First I will ask a few questions to Aqeel,
03:26because I have spoken to Salman a little while ago.
03:29I recorded the segment because he had to go to the JUI meeting.
03:33So we said, let's see what he does there.
03:35But Mr. Barrister, let's start with you.
03:37First question.
03:39There is a difference that if the committee has to appoint,
03:45and those who come to the Constitutional Court first,
03:47you have come to the bench, you left the court,
03:49you gave it a name, the Constitutional Division,
03:52maybe you are giving it a name.
03:54If the Judicial Commission of Pakistan has to recommend,
03:57and that bench has to be made, everything has to be done.
04:00So the current condition of the bench commission,
04:04are you free in that?
04:06So are you changing that?
04:08In the name of Allah, thank you very much Mr. Malik.
04:10Look, nothing has reached a final stage yet.
04:14Let's talk about your intentions, what are your intentions?
04:16In that, definitely,
04:18for the appointment of judges,
04:22we have said that the Parliamentary Committee
04:24should have a meaningful, purposeful role.
04:26Two MNAs and two Senators,
04:28and they should have equal representation
04:30from the Senate and the National Assembly.
04:32Here, in this,
04:34the formation of a Constitutional Bench,
04:36because obviously,
04:38it should have the representation
04:40of all the provinces as well.
04:42If Maulana's suggestion was
04:44that the five Senators,
04:46including the Chief Justice,
04:48should have a Constitutional Bench,
04:50of course, we are considering that,
04:52and this is not a big deal.
04:54We have taken the lead
04:56on the People's Party.
04:58Whether it is a Constitutional Court or a Constitutional Bench,
05:00it doesn't make any difference.
05:02Actually, the effect,
05:04the trickle-down effect,
05:06should reach the public.
05:08Because, more than half of the time,
05:10the cases of politicians,
05:12the cases of political affiliation,
05:14which come under the ambit of the Constitution,
05:16those cases eat up,
05:1890% of the time.
05:20And of course, if appeals are not being made...
05:22My question is very simple.
05:24Are you changing the present form
05:26of the Judicial Commission of Pakistan?
05:28It is entirely possible.
05:30I gave you an example
05:32that for the appointment of the Judges,
05:34which was the Government's proposal,
05:36we had a meaningful, purposeful role
05:38and input
05:40that we should not be used as a rubber stamp.
05:42Now, if a Constitutional Bench is formed,
05:44and the representation of all the provinces
05:46is also being discussed,
05:48then it is obvious that
05:50even the ad-hoc Judges,
05:52because there is no representation of any province...
05:54What did Maulana do in this?
05:56We accept the Judicial Commission as a bench
05:58and you reconstitute
06:00the Judicial Commission.
06:02Is Maulana ready for this?
06:04Maulana was on the floor of the House
06:06even for the appointment
06:08of the Chief Justice of Somoso.
06:10He was on the floor of the House
06:12and he said that
06:14the Seniority Principle should not be looked at.
06:16But in this draft, people are saying
06:18that this time, the Chief Justice should be appointed
06:20and these things should be changed
06:22on top of the next CJ.
06:25And it is not final
06:27that three senior posts
06:29or five senior posts
06:31should be appointed
06:33by the Chief Justice.
06:35If we take your formula
06:37then between
06:39Mansoor Ali Shah and Muneeb Akhtar,
06:41forget Muneeb Akhtar,
06:43between Yahya Afridi and Mansoor Ali Shah,
06:45whose chances are more?
06:47Look, for us, all the Judges
06:49are worthy of respect.
06:51They are worthy of respect.
06:53Whatever you say about the Judges.
06:55Did you say that we have to do judicial reform
06:57because all the Judges
06:59are different?
07:01No, we did not claim anyone.
07:03No, we did not claim
07:05that it is ours or theirs.
07:07We never said that.
07:09We have always said
07:11that decisions should be made
07:13according to the law.
07:15Mr. Badriyat, he was your Judge.
07:17Look, I am not saying that.
07:19He is our Judge.
07:21Decisions should be made
07:23according to the law.
07:25Who was a better Chief Justice?
07:27Let me ask you an easy question.
07:29Was Umar Atta Bandiyal a better Chief Justice
07:31or Faiz Issa a better Chief Justice?
07:33Look, I will not comment on this
07:35because they have their own judgments.
07:37I will judge them based on their judgments.
07:39Generally speaking, both are good.
07:41Both are good.
07:43Who is better?
07:45There is no debate
07:47about who is better.
07:49I will judge them
07:51based on their judgments.
07:53As far as I have seen,
07:55both are good.
07:57Really?
07:59You have not issued a notification
08:01yet?
08:03We have a 24-hour deadline.
08:05Some have issued a notification
08:073 months ago, some have issued a notification
08:0920 days ago.
08:11Some have issued a notification
08:134 days ago.
08:15Some have issued a notification
08:17and some have issued a notification.
08:19You are not talking about the future.
08:21If these constitutional amendments are passed,
08:23if there is a change in this,
08:25then we will have to see.