#supremecourt #islamabadhighcourt #judgesappointment #judges #ImranKhan #AsadUmar #AsimMunir #PTI #offtherecord
(Current Affairs)
Host:
- Ashfaq ishaq Satti
Guests:
- Senator Aon Abbas Buppi PTI
- Rana Ihsaan Afzal Khan PMLN
- Mian Rauf Atta (Lawyer)
Lawyers' protest against Judges appointments - President SC Bar Mian Rauf Ata's Analysis
Ali Amin Gandapur Uses Unprecedented Language at Swabi Jalsa -Never Heard Before in History
We Are a Political Party in Favor of Negotiations, But? -Senator Aun Abbas Bappi
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
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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:
- Ashfaq ishaq Satti
Guests:
- Senator Aon Abbas Buppi PTI
- Rana Ihsaan Afzal Khan PMLN
- Mian Rauf Atta (Lawyer)
Lawyers' protest against Judges appointments - President SC Bar Mian Rauf Ata's Analysis
Ali Amin Gandapur Uses Unprecedented Language at Swabi Jalsa -Never Heard Before in History
We Are a Political Party in Favor of Negotiations, But? -Senator Aun Abbas Bappi
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
00:00Bismillah-ur-Rehman-ur-Rahim, Assalam-o-Alaikum, the program is Off The Record and I am Ashfaq
00:18Asad Satti.
00:19After the approval of the 26th amendment, one opinion was that this amendment has been
00:26approved and a lot of work has been done on it.
00:29Before we saw that how it was brought, suddenly everyone was surprised.
00:32But after a while, a lot of deliberation was done on it.
00:35The political leaders played a very important role in this.
00:38Bilawul Bhutto Zardari played a very important role in this.
00:41And after that, this amendment was passed.
00:43After that, it seemed that things would become easier for the government of the time.
00:48And whatever will be the regulations after that, a mechanism was also given for them.
00:54But now it is happening that as a result of this 26th amendment, as you have seen,
00:59a separate bench has been formed.
01:01Then a mechanism was also decided for the resolution in the courts.
01:05But in spite of that, when the matter of resolutions is coming, then we are seeing that
01:10the subordinates are also subject to division among themselves.
01:13That is, they are not on the same page on this matter.
01:16On the other hand, there are also some signs from the court where some senior judges
01:21have different views on this matter.
01:23And on their side, it was said that until this decision is not reached,
01:27because you know that the 26th amendment has also been challenged.
01:30So on that, they want that until the decision is not reached,
01:33then taking this matter forward, no resolutions should be made in the Supreme Court.
01:38But in spite of that, these resolutions were made.
01:40And you saw that today, out of the 8 names that were given, 6 names were also approved.
01:46So what will be the solution to this?
01:48And we will basically try to find out, while staying here,
01:51that if in the coming days, after the formation of the full court,
01:55or after this case is decided, if a decision is made on them,
01:58then these resolutions, and if the decision is against the 26th amendment,
02:02then what will be the status of these resolutions after that,
02:06or the decisions that will be made as a result of that.
02:09So on this matter, the protest that Wukla was doing,
02:12or the call given by Wukla, or his intentions,
02:15on that, what position did Parvez Rashid give?
02:18First we will listen to that, and then we will start the program.
02:39Okay, you have heard the conversation.
02:40Now let's introduce the guest on this.
02:42We have with us Mr. Mia Raufatah,
02:45President of the Supreme Court Bar Association.
02:47Thank you very much for taking out time for us.
02:49Along with that, we have Rana Ehsan Afzal.
02:51He is from Muslim League Noon.
02:53Thank you very much, Rana, for your time.
02:54And Senator Aunabas Bhatti is with us.
02:57He is representing Pakistan Tehreek-e-Insaf.
02:59So thank you very much, all three of you.
03:01Mr. Mia, please tell us,
03:05that this 26th amendment was approved.
03:08And as a result of that, as I said in the beginning,
03:11a process was given, that under this process,
03:14there will be all the documents,
03:16after that there will be an assessment,
03:18how the Judicial Commission will work,
03:20how the Parliamentary Committees will work,
03:22how it will be elected.
03:24Everything is done.
03:25Now, why is there a protest?
03:31In the name of God, the Most Gracious, the Ever Merciful.
03:33See, as you just said,
03:35that after the 26th amendment,
03:37a well-defined mechanism was given there.
03:40In terms of the formation of the Judicial Commission,
03:43and in terms of the responsibilities of the Judicial Commission,
03:46and in terms of the amendments.
03:49A few days before the Judicial Commission of Pakistan,
03:54a meeting was held,
03:56and the amendments were brought into effect
03:58from the province of Borochistan, the province of Sindh and KPK.
04:01And in terms of Punjab,
04:03the amendments were approved in terms of the elevation of the judges.
04:06And today, for the Supreme Court,
04:08for the six judges,
04:10and for the acting judge,
04:12the amendments were approved.
04:14This is in complete accordance with the constitution.
04:16And a mechanism in the constitution,
04:18it was not given to remove it.
04:20In that, there is a lot of deliberation,
04:22and a large-scale process of consultation is adopted there.
04:25And the performance of the judges,
04:27like the judges today,
04:29even before, for at least five years,
04:31their standing,
04:33after that their names were sent there,
04:35to the Judicial Commission of Pakistan.
04:37So, their performance was seen,
04:39their integrity was seen,
04:41and during their performance,
04:43as a judge of the High Court,
04:45there was a lot of legal reference to them,
04:49that their judgment was given.
04:51After doing all these things,
04:53after a meaningful consultation,
04:55today, a recommendation was given to them.
04:57Today, they have been approved,
04:59by the Supreme Court,
05:01for the selection of these judges.
05:03The best of the best has been chosen.
05:05And we appreciate this,
05:07as the President of the Supreme Court Bar Association.
05:09And yesterday, the Pakistan Bar Council,
05:11which is our regulatory body,
05:13also supported this,
05:15appreciated this,
05:17and the proceedings carried out today,
05:19by the Judicial Commission of Pakistan,
05:21we also support it.
05:23There is no legal order in this.
05:25What is the status of the Bukhara organizations at the moment?
05:27They have not been implemented.
05:29One thing I would like to know is,
05:31what is the status of the Bukhara organizations at the moment?
05:33For example, the Supreme Court Bar Association,
05:35the Pakistan Bar Council,
05:37and other associations,
05:39how far are they on one page?
05:41Because the call for protest,
05:43they have taken it back.
05:45But what is the objection on this matter?
05:49See, there were some people
05:51from our political party,
05:53and some people from our other group
05:55were also included with them.
05:57They tried to start a politically motivated movement.
05:59When the Supreme Court Bar Association,
06:01was being elected,
06:03at that time also,
06:05these people said that,
06:07they started a campaign
06:09in the name of Vakala Action Committee,
06:11and also did a program
06:13to go to all four provinces.
06:15All their programs flopped.
06:17Despite that, Vakala gave me a vote,
06:19and I was elected there.
06:21The Supreme Court Bar Association,
06:23along with that,
06:25Sindh High Court Bar Association,
06:27Balochistan High Court Bar Association,
06:29KPK Bar Council,
06:31and most importantly,
06:33our regulatory main,
06:35which has the status of an umbrella,
06:37the majority of the Pakistan Bar Council,
06:39issued a statement,
06:41that after the 26th amendment,
06:43whether someone likes it or not,
06:45but in the present constitutional scenario,
06:47it will have to be implemented
06:49in every context,
06:51as long as it is a part of the constitution,
06:53and until it is not completed
06:55through a new amendment,
06:57then according to the constitution,
06:59all the work is still being done.
07:03A supplementary question related to this,
07:05you said that until it is implemented,
07:07then the question arises in people's minds
07:09that so many amendments are being made,
07:11decisions are being made,
07:13benches are being made,
07:15Jalsa-e-Iran is giving decisions
07:17and other benches are taking them back,
07:19so if all this is happening,
07:21if this amendment is returned,
07:23then what will be the status of these decisions?
07:25Look, this amendment is not being amended
07:27for the first time in the 26th amendment,
07:29the amendment is not a comprehensive document
07:31in which it cannot be amended,
07:33it can be amended temporarily,
07:35in extraordinary circumstances,
07:37in the context of extraordinary events,
07:39it cannot be amended for the first time.
07:41As far as your question is concerned,
07:43if the amendment is completed tomorrow,
07:45or not completed,
07:47the decisions that have been taken
07:49regarding that,
07:51this has happened in the past as well,
07:53it has been included in the article
07:55on clauses,
07:57they have been given protection
07:59for such decisions,
08:01this is not a new thing.
08:03I think we remember that when
08:05Iftikhar Muhammad Chaudhry was released,
08:07then the decisions that were taken
08:09by the Chief Justice,
08:11they were also protected to some extent,
08:13if I am not mistaken.
08:15They got protection,
08:17so in my opinion,
08:19it will not make any difference,
08:21I would like to add that
08:23regarding the Constitutional Bench,
08:25the note of Justice Muhammad Ali Madar,
08:27which is 20 pages long,
08:29the people who are against it,
08:31if you read it in detail,
08:33you will understand everything.
08:35He said that in the current scenario,
08:37when the 26th amendment is present,
08:39then we will have to do everything
08:41according to it,
08:43if we do not do it,
08:45then there will be a violation of the amendment,
08:47there will be a violation of our rights as well.
08:49Yes, yes,
08:51the judges take an oath.
08:53Of course, it is a unilateral matter,
08:55those things have been done unilaterally.
08:57Whether you like it or not,
08:59it has been done by our majority.
09:01Article 249 Constitution
09:03gives it,
09:05so it has been passed by our majority.
09:07Yes.
09:09Senator,
09:11my question to you is that
09:13at this time, the whole matter was this,
09:15of course, your Jamaat was not in this right,
09:17but the 26th amendment was passed.
09:19Now, the current situation,
09:21were you foreseeing
09:23that it would be like this,
09:25or was it not anticipated?
09:27Because
09:29there were different opinions
09:31that if the 26th amendment is passed,
09:33then the matter will be in ease
09:35and it will be easy for the government.
09:37But this is not happening.
09:39I seek refuge with Allah from the accursed Satan.
09:41In the name of Allah.
09:43First of all, let me tell you that
09:45the 26th amendment was passed by two thirds.
09:47There is a very big flaw in this whole concept
09:49that the way it was passed,
09:51it does not come under any democratic tradition.
09:53These are not criteria, these are not numbers
09:55that they have taken so many numbers,
09:57that is why it has been passed.
09:59There will be no merit of CSS in this.
10:01It is a pick and choose.
10:03Nine people are sitting separately,
10:05two people are sitting separately.
10:07By the way, Ali Zafar and Gauhar are on one side
10:09and the rest of the nine people are separate.
10:11And the interesting thing is that all the people,
10:13before that, all the homework is done
10:15that these nine judges have to be appointed.
10:17And they can be of anyone.
10:19They are decided first.
10:21After that, the day they come to the Judicial Commission,
10:23from the Chief Justice,
10:25everyone is voting for them.
10:27And they vote for the same person.
10:29So they are planning a lot of homework.
10:31Now, as a result of this,
10:33which court will go in the next 10-20 years
10:35and decide my fate as a Pakistani citizen?
10:37I am worried thinking about it.
10:39But having said that, you see one more thing.
10:41But explain one thing to me.
10:47Senator sir, I basically wanted to know this.
10:49Yes, please.
10:51Yes, after the 26th of January,
10:53the way the Chief Justice of Pakistan
10:55was removed and Justice Mansoor Ali Shah
10:57was removed and Justice Javed Afridi
10:59was appointed,
11:01in the same way it happened in Lahore High Court.
11:03Today, our two lawyers
11:05raised a point in the Judicial Commission of Pakistan
11:07that you delayed it for a while.
11:09The reason for this is very simple.
11:11The way, and he rightly said,
11:13the way you did not keep seniority
11:15in the Lahore High Court,
11:17the way you kept it in the Supreme Court,
11:19by delaying it for a while,
11:21let the seniority list of Islamabad High Court
11:23also be finalized once.
11:25So that we know which judge is senior and which is junior.
11:27As a result of that seniority list,
11:29then you can elevate whoever you want
11:31and bring them to the Supreme Court.
11:33But because it was made a month ago,
11:35seniority list doesn't matter.
11:37You can elevate whoever you want.
11:39Then both our lawyers
11:41walked out on it.
11:43And the senior judges,
11:45Justice Mansoor Ali Shah and Justice Muneeb Akhtar,
11:47also walked out on it.
11:49So a process that is so entangled
11:51with flaws,
11:53there is no point in trusting anyone.
11:55So this whole story of the two-thirds amendment
11:57and the 26th amendment,
11:59ultimately this whole mess
12:01that is being made crazy by this nation.
12:03This whole conspiracy of democracy,
12:05as a result of which this will happen.
12:07You see, Senator sir,
12:09they say that if the matter comes out,
12:11then it goes far.
12:13You must remember that when
12:15Qazi Faiz Issa Sahib was not the Chief Justice,
12:17and at that time,
12:19there was a wave of hope for him
12:21that he will become.
12:23Then an asset recovery unit came,
12:25then God knows what happened.
12:27After that, the way he was sidelined,
12:29and then he was not kept in the cases
12:31which were the cases of your Jamaat's Bani,
12:33that wasn't the right thing to do.
12:35Do you agree with that?
13:03Mr. Rana, your thoughts on that?
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