00:00 So, in your opinion, Article 58 is the only one that is in effect,
00:07 when the vote of no confidence is brought in.
00:10 Only in that instance.
00:11 Sir, according to the constitution, the date of the election can be decided
00:14 according to a lot of constitutional experts and lawyers.
00:17 The ECP should also follow this.
00:19 We are getting information that the president might give a date.
00:22 After that, will the ECP reach the court?
00:24 Look, we take everything to the court.
00:28 I think that the president of Pakistan said something very positive.
00:33 He talked about dialogue.
00:35 He talked about dialogue with the ECP.
00:40 He is apologizing for the fact that the president of Pakistan also knows
00:45 that the most important role in this is played by the ECP.
00:53 That is why he invited him.
00:56 I think that in the coming days, the ECP should definitely go to the president
01:05 and have these discussions.
01:06 Another positive thing is that the president has also asked for advice
01:14 from the Law and Parliamentary Division.
01:16 He has asked for the consultation process to be started.
01:20 There is no harm in this.
01:22 Remember, we should not be like islands.
01:26 We should not be in a state of disconnect.
01:29 The real thing is elections.
01:32 Whether it is the president or the election commission of Pakistan,
01:38 the real thing is that the election process should start.
01:41 I can see that the election process has started.
01:44 How can I see that?
01:46 The precursor, that is, the work that will be done before that,
01:50 is the lightening of the census.
01:53 The date of the election will be announced immediately after that.
01:57 Lightening, making electoral rolls, is also a necessary matter.
02:02 It is a part of the election process.
02:06 It is not far from it, it is not separate, it is not external.
02:09 You will see one more thing with this.
02:13 The election commission of Pakistan has started the process of consultation
02:18 with the political parties.
02:20 And today it is very good that Ali Zafar Sahib has gone to his government.
02:26 The PTI people have gone, the JIO people have gone.
02:30 Everyone's consensus is that elections should be held.
02:35 No one has two opinions in this, nor should they be.
02:39 And it should be done as soon as possible.
02:41 If it happens in 91 days, then it will be absolutely justified
02:46 because only elections will be able to take this country forward.
02:50 Now you said two interesting things, Ashutosh Sahb.
02:52 You said that even if the president or the election commission gives the election,
02:54 the election should take place, sir.
02:55 But the problem is that one, the election is going on in the 90 days while staying in the constitution,
03:00 and the other has to choose between delimitations and getting the election done in 90 days.
03:05 Their choice has also become clear that they will get the delimitation done,
03:07 even if the election goes ahead.
03:09 Then you said that the process of consultation is very important.
03:12 But sir, the chief election commissioner considers meeting the president as a consequence of a scant.
03:19 In the process of consultation, he does not consider the consultation with the president of this country to be necessary,
03:24 but he considers it very important to meet the ambassador of the United States.
03:29 I have said before that in my opinion, there should be no disconnects.
03:35 There should be meetings and consultations.
03:39 And if they are having consultations with political parties,
03:43 then there is no harm in having consultations with the elected president of that political party.
03:50 It is not appropriate for the country and the nation to say that they have done some things in the past that were not in accordance with the constitution.
04:02 We should keep our differences, whether they are political or personal, in mind and carry on the process of consultation for this country.
04:18 Sir, you are now part of the legal team of the Election Commission of Pakistan.
04:23 What is your opinion on the short sentence?
04:28 I am saying that when there is a short sentence, the jurisprudence that has been developed is that the sentence is terminated without going into the merits of the case.
04:41 So, in the case of the military, when the Supreme Court is listening to the high court appeal,
04:44 if the Supreme Court starts discussing this issue or the merits of the case,
04:49 the remarks that have come forward and are also being waited for by the Supreme Court in the Toshakhana case,
04:54 there is a sense of restlessness. Do you see the Supreme Court playing the role of an oversight bench?
05:01 This is a very strange thing.
05:04 When the High Court is listening, the Supreme Court does not comment on the case or hear it.
05:16 In fact, it is synodized for the purposes of waiting for the decision of the High Court or the court below.
05:25 In fact, the most leniency is given to the case of the trial court because the case is not prejudiced.
05:36 Any comment, even when there is a bail, supposing in a case the bail has been refused, when the case goes to the High Court or the Supreme Court and the bail is granted,
05:48 it is clearly written in them that our observations are tentative and those observations will not prejudge the trial in any way.
05:58 This is written. So this was very surprising to all of us when it was said that there are some procedural infirmities in the trial court.
06:09 This has never happened before and I am sure that it will never happen again.
06:15 So does the Supreme Court have a totally different request and not what is being heard?
06:20 Because you are again, as I say, the Election Commission has made you and Irfan Qadir Sahib a part of the Toshakhana case.
06:26 So do clarify this for me and the people listening and watching.
06:31 Yes, in that case, everything emanates.
06:35 There were some cases that related to the remand of the case, some cases that related to the evidence and some were on the basis.
06:48 But all those cases have merged into a final judgment.
06:53 There is an appeal against that final judgment. So what you will see is written in those petitions, that is what is written in the appeal.
07:00 And even if it is not written in the appeal, all these grounds are available to them.
07:04 Therefore, the superior court does not comment on the overlapping things or entertain them.
