"Yeh jab bhi power mai atay hain judiciary ko divide karte hain," Sardar Latif Khosa
"Yeh jab bhi power mai atay hain judiciary ko divide karte hain," Sardar Latif Khosa
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00:00 Today, a big decision which we were expecting to come before this, but it has come.
00:07 In that decision, it has been told by the Supreme Court, which has been decided by the three-member bench.
00:12 The fundamental question before us is that can the Parliament change the principle of judicial review
00:19 that is defined under Article 188 of the Constitution through general legislation?
00:22 If such a procedure is allowed, then through judicial reform, the door to intervention in the freedom of justice will be opened.
00:29 This is prohibited by the Constitution.
00:32 And in the second paragraph, it is said that in the current case, we have reached the conclusion
00:37 that the Parliament did not have the right to legislate under Article 188.
00:42 As it has done through the Review Act of 2023, where the right to make such rules is used by the court,
00:51 there, in the name of increasing the jurisdiction of the Supreme Court,
00:54 it is without doubt illegal to legislate under any law.
00:59 Khosro Sahib, while coming to you, please explain this decision to the people.
01:05 Please explain to us as well, what is your view on the Supreme Court's decision?
01:10 And we will also do a critical analysis on this.
01:15 The Review Act of 2023 is based on malice.
01:24 I have been saying from the first day that this is beyond the jurisdictional competence of the Parliament.
01:34 Because Article 70, sub-article 4 of the Constitution, when the concurrent list was terminated
01:42 and only a federal legislative list was kept in the constitution,
01:47 then in the second schedule, in item number 55, it is written that except the Supreme Court,
02:00 that is, the Supreme Court was excluded,
02:03 the practice and procedure of other courts can be legislated.
02:11 But in item number 55, the Supreme Court was excluded
02:16 because the Supreme Court has made its rules and regulations,
02:20 that is, the Supreme Court rules of 1980, Article 191, Constitutional Power,
02:26 the Supreme Court has made its rules and regulations under the same powers,
02:32 in which they have also done it on the Suvomoto jurisdiction,
02:36 that who will constitute it, that is, the Chief Justice will do it.
02:40 And the second thing is that what will be the scope of Article 188?
02:45 In Criminal, there is an error floating on the surface of the record.
02:49 And in Civil, there is CPC 47, Order 47,
02:54 in the jurisdiction of that, the review was given to Nazar-e-Sani.
03:00 Nazar-e-Sani can never be appealed,
03:03 because the appeal is open to facts and law, and it is continuous,
03:09 it is a continuity of proceeding.
03:11 The scope of review is very limited,
03:15 and the same judge listens in the review, and the same lawyer can argue,
03:19 and something that has not come to light,
03:24 and the court and the court can review on the basis of what is not on it,
03:29 that is, the new and fresh ground can be reviewed on the basis of it.
03:33 Khosla sahib, there is a question, if you allow, I would like to ask you.
03:36 Okay, Khosla sahib, Hassan Ayub is with us, he also wants to ask you a question,
03:40 after that we will go to Chaudhary Gulam Sahin sahib.
03:42 Okay, Khosla sahib, this objection is raised very much,
03:45 that if the Supreme Court holds its own full court meeting,
03:48 and the issues that are being raised within the Supreme Court,
03:52 then many issues can be solved.
03:54 Now, the Chief Justice Umar Ta Bandyal,
03:56 who has been a Chief Justice for a long time,
03:59 has not had a full court meeting.
04:02 Do you remember when was the last time a full court meeting was held,
04:05 so that such issues could be addressed?
04:08 Look, you are right, we saw that the control and hold of Iftikhar Muhammad Chaudhary,
04:17 was on the Supreme Court,
04:20 that is, none of the 17 judges, not a single one, ever differed.
04:26 But after that, the control of the Chief Justice in the court gradually decreased,
04:35 and at present, the situation is such that it is a matter of distance to sit in the full court,
04:39 perhaps it is also becoming difficult to argue with each other.
04:44 Okay, sir, tell us the second point.
04:46 Sir, I have a question.
04:49 The court has been divisive throughout.
04:53 Whenever he has come to power, he has always divided the court.
04:57 Whether he sees the first tenure,
05:00 the way he has been giving Sajjad Ali Shah,
05:02 and he has made him a Supreme Court judge from his own period,
05:06 or now, or he had done it before,
05:09 so he is very divisive,
05:11 even now he has divided the court,
05:13 and has divided it strictly.
05:15 So how will this full court sit?
05:17 But you are right in principle.
05:20 In principle, the point is right.
05:22 Asif Syed Khosa Sahib also,
05:24 when he assumed the position of Chief Justice of Pakistan,
05:27 and when he relinquished,
05:29 even then he had this desire that in Article 184.3,
05:32 there should certainly be a right of appeal,
05:35 but he can do it through a constitutional amendment.
05:38 He can't do it through any subordination.
05:41 He can't do it through a constitutional conspiracy.