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00:00I read the letter of Babar Sattar, Justice Babar Sattar, he made two very interesting points.
00:08He said, leave the rest. You also leave the fact that everything is of Oath.
00:12Now, how was Islamabad High Court going on?
00:15On 3rd, an administrative committee of Islamabad High Court changes, in which Justice Dogar is made.
00:21Amir Farooq Sahib is there, then Justice Dogar is there, and then Justice Sumro is there.
00:27You say your own rules of Islamabad High Court, Chief Justice plus two senior judges.
00:32If you take the list of seniority of Amir Farooq Sahib, in that, Justice Sumro is in 9th from 12th.
00:39Where did that senior judge come from? Tell me how he can be in the administrative committee.
00:43This is an administrative order.
00:45Under the rules.
00:46Challenge it. Challenge it, Mr. Balraj.
00:49Challenge everything, challenge everything.
00:51You have so much courage, moral, that you say, yes, it is wrong.
00:55Do you justify? Is there a senior judge in 9th from 12th?
00:59Look, I say that this is an administrative order.
01:02This is obviously...
01:03Which is in defiance of service rules.
01:05Well, if it is, then this should be challenged. This should be brought to light.
01:08The government is not doing this.
01:10Nothing has happened.
01:11Has the government made any order?
01:13Has the government issued any notification, that whose seniority is how much, what is this?
01:17You tell me, has the government...
01:20This reflects on Justice Aamir Farooq, that how he is running his court.
01:25If he has passed an administrative order, then that order,
01:29if he thinks that it is wrong, then it should be challenged.
01:33Forums are there.
01:34Okay, let's come there too.
01:35Let's come to the oath.
01:36It's an old thing, let's tease it.
01:37Absolutely.
01:38The oath of Schedule 3.
01:39Absolutely, I have seen.
01:40The oath of Civil Service.
01:41Yes.
01:42The oath of the army.
01:43Yes.
01:44The oath of the whole of Pakistan.
01:45Absolutely.
01:47A judge of the High Court, a judge of the Supreme Court works for the state of Pakistan.
01:54Not for...
01:55Everybody works for the state of Pakistan.
01:57Absolutely.
01:58But, but, technical...
01:59Government, there is a difference between...
02:00Jurisdiction, jurisdiction.
02:01Yes.
02:02Which is of the judge of the High Court.
02:04It is of the same oath.
02:05Which oath, for which province he has taken the oath.
02:07Then what will we do about Article 200?
02:09And even within that Article 200, this thing is written.
02:13Whether this is a temporary transfer or a permanent transfer.
02:18This also needs to be seen.
02:29Well, this needs to be decided, whether this is temporary or permanent.
02:42So, the Chief Justice, he requests another judge of a High Court, that you come and sit here.
02:50Provided he consents.
02:51Yes, obviously.
02:52But he writes, and he is specifying, when that High Court judge comes and sits, he shall have the same power and jurisdiction as a judge of that High Court.
03:01Absolutely.
03:02Why did he have to explain this?
03:04Listen, listen to my question.
03:05Yes, yes.
03:06He had to explain because automatically that jurisdiction is not all of Pakistan.
03:11I requested a judge, you are a judge of the High Court of Lahore, I requested you in Islamabad.
03:16Now you have come.
03:17In that, the Constitution is saying that if you call him in such a situation, like Mr. Sakeel, then he will have the same powers as the judge here.
03:26Right.
03:27It has to be specified.
03:28Right.
03:29So, what he is saying is that because he has taken one oath, he can sit anywhere.
03:33No.
03:34This Article 200 also says this.
03:36Schedule 3 also says this.
03:37No.
03:38You are defying the Constitution.
03:40Not at all.
03:41The oath is not written here.
03:42I am saying that it is a transfer, whether that transfer is a permanent transfer or a temporary transfer.
03:48If it is a permanent transfer, will you have to take an oath?
03:50Again, it is a grey area.
03:52You are not a lawyer, you are an advisor.
03:54I am saying this, it is a grey area.
03:55We are advisors.
03:56From my understanding, nascent understanding, understanding of the bare reading.
04:03Third Schedule, as well as Article 200.
04:09Listen to me.
04:10This is a case of first impression.
04:11Those who have a nascent understanding of the law, they do not look like advisors of the Ministry of Law.
04:15If nascent understanding people want to appoint an advisor, then this government should go home.
04:20So, you have to be an expert to appoint an advisor.
04:23Now, give me your expert opinion.
04:26My expert opinion is that the oath will not be new.
04:29Why not?
04:30It will not happen because if you reverse this, and if one of the judges who is willing to get transferred with his consent,
04:36in the high court of a province, will he leave his seniority?
04:40Yes, he will not.
04:41No, it is the same thing that in the army, seniority.
04:44Sir, their oaths are different, don't bring them.
04:48I am saying the same thing.
04:49Diction all Pakistan.
04:50If you talk about oath difference, then look at this.
04:53Why was this in his oath?
04:54A captain in the army is then coming into civil services.
04:58He will bring his experience and he will bring his seniority with him.
05:28Distinction was deliberately made.
05:33Whatever the reasons.
05:34I think territorial jurisdiction was defined.
05:37It was done.
05:38So, when you are a judge, your power is the power of your defined jurisdiction.
05:45And if you change the jurisdiction, then you have to take an oath.
05:49In article 200, the powers given by the president of Pakistan are also given by the jurisdiction.
05:56We also do nation understanding.
05:58If you want to do these things in the future,
06:00make a new oath in schedule 3 of judges,
06:03which is all Pakistan, so that you can bring as many judges as you want.
06:08But respect the law.
06:11I am saying that judges are judges of Pakistan.
06:15They are in service of Pakistan.
06:17They are not in service of a just particular province.
06:20Where does that oath say?
06:22There is an oath to the constitution and army rules.
06:26That is what it says.
06:28So, territorial jurisdiction cannot be of Timbuktu.
06:31What is the document in place?
06:33Why is it good? Why is it bad?
06:36Because they are defining a territorial jurisdiction.
06:39It cannot be Timbuktu or Baghdad.
06:43You have already made Baghdad.
06:45I am saying that you have to define territorial jurisdiction there.
06:50Because the judge should not transgress from his powers.
06:54The Supreme Court judges wrote a sentence in their letter.
06:58What cannot be done directly, must not be done indirectly.
07:08Whatever you cannot do directly, do it indirectly.
07:12Because we are powerful, we will do it indirectly.
07:15No, this is not at all.
07:17All these things are according to the law and the constitution.
07:20If you tell me, are all these elevations in the Supreme Court the law and the constitution?
07:27Okay, I have run out of time.
07:29May Allah give you more strength, so that you can do more things.