"If Justice Kiyani's Remark is as a Pakistani, the Speaker's Objection Doesn't Hold" Salman Akram
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00:00I was told two things which were very hard remarks of Justice Mohsin Qayyani
00:04and the Speaker gave a very firm answer on that as to who you are to talk about this in the Parliament.
00:10And you will hear that a while ago I was recording a piece of the programme with Mr. Rana Sanawalak.
00:16When I asked him, he said that judiciary has been used to zeroing the executive for the past 10 years
00:23and they were on a high, that it is our will, we will decide.
00:27So this is the effect of that high, otherwise who can say such a thing?
00:33No, not at all. This is the effect of the fact that in this country there is a government of lies, of coercion.
00:40Whatever happened after the 8th February election, just like fake governments have been established,
00:45they cannot bear the truth. So this is a matter of running away from the truth.
00:48If a judge is giving a speech in front of the Bar Association or somewhere else,
00:54then as a citizen he has the right to speak, to tell what coercion he is going through,
00:59where cameras are being installed in his rooms, why he wrote a letter, why he was forced to do so.
01:04There is no need for language restriction.
01:07So this is the Speaker's argument that as you are speaking beyond your limits,
01:19you cannot speak to the Parliament.
01:24Look, a citizen can speak, he has spoken as a citizen.
01:27It is not written that if a person becomes a judge, he loses his citizenship.
01:33He did not speak in the court. He has spoken outside the court, where you and I also speak.
01:40No, no, he has spoken while listening to the proceedings of the case.
01:45Salman, he has spoken while listening to the proceedings of the case, in his courtroom.
01:49Okay, but this will not be his decision. I don't think this will be a decision.
01:54But if something has happened, a truth has been expressed, and this happens every day.
01:59Look, why shouldn't a judge say, if a case comes before you as a judge,
02:04in which it is seen that the use of force has been misused,
02:07false cases have been made against people, one after the other cases have been made,
02:11then why should a judge say that the legal system of the country has been turned into a game?
02:15It is a sacred duty on the police to file a case.
02:20Here, cases are filed under the law, you can make 10 against it, you can make 20 against it.
02:25So this is a complete game with our legal system, with our society.
02:31Okay, I want an answer on an important point.
02:36The things that the Chief Justice has said today, or Mr. Fareedi,
02:41he has spoken while standing on a very high pedestal.
02:43That I will do what is proper, I will stand for the law, I will do this,
02:48and I will just fix everything. Basically, I am doing the right things.
02:52The objections that I have already raised, all of you say that he should not have been a party in all these things.
02:59But there is one piece of seniority that Mr. Sarfaraz Dogar has, who has come from Lahore High Court.
03:05In that, he categorically says that I have objected to the security list,
03:09and the Attorney General agrees with me,
03:11and that the exchange and seniority were mixed wrongly.
03:14So clearly, he is very clear that this is a wrong decision and it should not be done.
03:18But when five judges of Islamabad High Court make representations on the same issue,
03:24then Justice Amir Farooq, the Chief Justice, rejects it.
03:29Now the Chief Justice of Pakistan is saying that the exchange and seniority were mixed wrongly.
03:34So if the Chief Justice of Islamabad does not know, according to him,
03:39that how to not mix seniority and transfer,
03:43then he is evaluating them and taking them to the Supreme Court.
03:46I thought that if a judge makes wrong decisions, then there will be a penalty.
03:52Here, there is a reward.
03:54So if this is wrong in his opinion,
03:57then can he justify recommending the same Chief Justice to the Supreme Court of Islamabad?
04:05Look, all these things are there.
04:07But the decision to bring a judge from Lahore High Court to Islamabad High Court,
04:12that decision is wrong.
04:14Clearly, the purpose of that is that none of the judges of Islamabad High Court
04:19should be allowed to become Chief Justice.
04:22There was no other purpose.
04:23If you had to bring a judge from there and make him the junior most in Islamabad,
04:28then why did you bring him?
04:29He would not have come if he was told that his seniority will be this.
04:33So it is clear that he was assured that he will come to Islamabad High Court
04:38and he will be the senior peonie, that is, he will be on the second number in terms of seniority.
04:44And when Amir Farooq will go to the Supreme Court, then he will become the senior most.
04:48So this was done completely according to a decided thought.
04:51Do you think Chief Justice of Pakistan, Yahya Afridi Sahib, is walking the talk or he is not?
05:04Look, I will not say anything about this.
05:06Whatever he did in relation to this exchange is also in front of us.
05:11I think it should not have happened.
05:13And now if this matter goes to the court,
05:16the representation of the judges of Islamabad High Court,
05:20you said that the representation flew in the air.
05:23Now they will have to file a case.
05:25And when they file a case, it will probably go to the Constitutional Bench of the Supreme Court.
05:31And there it will be decided that the judges who have come through this exchange,
05:35whether they will be the junior most or not.
05:37Do you expect that there will be a decision on merit?
05:42Look, I will not say anything like this.
05:45There will not be a decision on merit. We will see.
05:49But the point raised by the judges of Islamabad High Court is that
05:54the decision taken by a judge is specific to a high court.
05:58We have already said that.
06:00We are running out of time.
06:03I just want to clarify a few things.
06:05You said that we have to decide what to do with the money.
06:10You can say that the members of the PTI Assembly and Senators will take new salaries.
06:17But the amount that has increased, they will not bring it into personal use.
06:22This party will decide where and how it will be used.
06:28I think this will be decided after consultation with Mr. Imran Khan.
06:33But the general consensus is that our decision will be that this money will be used for a benefit.