What will be the legal challenges after the elections? Legal Experts’ Analysis

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Transcript

00:00 We are just a few days away from the general elections of 2024.

00:04 The election will be exercised.

00:06 We will set an important political milestone.

00:09 But in the future, the political and legal dilemma that is before us,

00:15 what will be its nature, what will be its consequences,

00:18 we will talk about this in the program.

00:20 We will also take opinions from the top lawyers of the country.

00:23 But what are the important questions that are being discussed in our political terrain,

00:29 which people are asking questions about.

00:31 The first question is, what will be the future of the free candidates of Pakistan's movement for justice?

00:37 Those who will be elected as a result of the election.

00:39 If the future of free candidates is not determined,

00:43 under the petition of Salman Akram Raja,

00:45 then what effect will it have on the Senate elections in March?

00:49 Can free candidates form their government after coming to the majority,

00:53 as the Chief Election Commissioner of Pakistan is saying?

00:55 Elections will be held in the 90 days of the Assembly election.

00:59 But we have this example that elections have not been held in 90 days.

01:04 So will there be no elections in 90 days?

01:07 Will it have to be legally secured in the future?

01:10 Or will it be easy to do it in the future as it has become a precedence?

01:14 The governing governments have also crossed their limits.

01:17 Legally, should this be stopped?

01:21 Or should we have to amend the constitution in the future?

01:25 This is an important question.

01:27 If a mixed government is formed,

01:29 then what will be the challenges that the government will face in the legal process?

01:33 And it is included in the petition of the Noon League that

01:36 Article 62 of the Constitution has to be implemented in its original form.

01:40 So what will be the outcome?

01:42 And will it be possible?

01:44 There are many questions in people's minds.

01:46 The biggest legal challenge after the elections is

01:53 that what will be the opinions of the four deputies of our country?

02:03 Mr. Jahangir Jidoon, former Advocate General of Islamabad, is present with us in the studio.

02:08 Mr. Hassan Raza Pasha, Chairman of the Pakistan Bar Council.

02:11 Advocate Kamran Murtaza, is a law expert and has a relationship with the Jamaat-ul-Islam.

02:17 Mr. Abid Zubairi, former President of the Supreme Court Bar, is also present with us.

02:20 We will talk to him as well.

02:21 Let's start with the studio, Mr. Jahangir.

02:23 First question, first round of questions.

02:25 What do you think is the biggest legal challenge after the 8th February elections?

02:31 It is a big elephant in the room, if we ask it legally.

02:35 What do you think?

02:37 The biggest challenge is the formation of the government.

02:41 Which party will form the government?

02:43 And how will it take the road map of Pakistan and its children?

02:48 And the biggest challenge is the defection of the Azad Arqan.

02:54 On one hand, we say that we should stop horse trading and defection.

02:59 And on the other hand, we are going to open the floodgate of horse trading and defection.

03:03 We will make the government by arresting Azad Arqan.

03:06 If this continues, Pakistan will not get stability.

03:10 If we want to give stability to Pakistan, we will have to give and take.

03:14 The constitution says in Article 51, plus Article 6, that Azad Arqan can join any political party within three days.

03:23 Or he can make a separate minister or political party.

03:27 If Azad Arqan becomes a majority, he can make a group.

03:30 If Azad Arqan becomes more than a political party and they get together, that is democracy.

03:37 He can make as many democratic people as he wants.

03:40 So, according to you, the biggest challenge is the political status of the Azad Umidwar.

03:45 How will you stop horse trading?

03:48 How will you stop the Azad from coming as he wants?

03:52 Or no one has coerced him or there is no pressure on him.

03:56 How will you stop it?

03:57 But Salman Akram has petitioned that he is not free and is under the banner of justice.

04:02 His point of view is that the party is not dissolved.

04:06 Because the party has been taken as a symbol and if elections are held, the symbol will be restored.

04:10 He says that the party is still existing in Pakistan.

04:15 The party is not banned. The party is banned and there is a long procedure for it.

04:18 So, will these people be free or not? This is a big confusion.

04:21 I think they can join the party.

04:25 They have not fought the elections on the symbol.

04:27 They are free. Like another Azad says that he will join PTI.

04:30 So, if he is a PMLN or People's Party, he can join PTI.

04:33 He can join PTI. PTI has no symbol. The party is still existing.

04:36 15-20 people come. They have not fought the elections on the symbol.

04:39 They are free. They say that they will join PTI.

04:43 The people who are in PTI's own Azad, they will not be in PTI.

04:46 They cannot join any other party.

04:48 If they go, the party puts them in a defection class, they can take their plea that they have fought the Azad elections.

04:53 This can be a complication.

04:55 If a PTI Azad defects, if the party takes action on it,

05:01 then he can say that he has not fought the elections on his own.

05:05 But he has not taken an affidavit against him.

05:08 He has not defected. He is using his party's banner.

05:11 He is reading the vote on the name of PTI.

05:13 If he defects, then obviously the consequences will be his responsibility.

05:18 So, according to you, the biggest legal challenge is that

05:22 the political challenges are present at every turn.

05:25 Political challenges will be converted.

05:27 The whole constitution is a political party.

05:29 Everything is messed up.

05:30 The Chief Justice said that he raised the political question like this.

05:33 Gulzar sir said that this is all politics.

05:35 Where is the line? Where is the politics?

05:36 He said that all these are politics.

05:37 All those lines have been turned.

05:40 Mr. Kamran Murtaza, this is my question to you.

05:43 After the elections, after 8th, what are the big legal challenges that you are seeing that will be presented here?

05:49 The biggest political, legal and any kind of challenge that will be presented to the country will be the formation of the government.

05:58 I don't think that any party will bring a clear majority.

06:03 The first challenge will be here.

06:06 And as a result of that, the free people, the free candidates,

06:11 will fall here and there.

06:13 Because Article 63 will not apply on them.

06:17 The results of that will be there.

06:24 And then someone will say that these free people came from such and such affiliation.

06:29 But they came from such and such affiliation.

06:32 They will not be according to the record of the election commission or the record of the state.

06:37 They can be according to their own website, of some party A, party B.

06:43 But they will not be like this.

06:45 Then this new case will start.

06:49 Right.

06:50 Mr. Hassan Alsaab, Mr. Pasha, the Chairman of Pakistan Bar Council is also with us.

06:53 Mr. Pasha, the status of free candidates and the talk of horse trading,

06:58 the talk of candidates being here and there,

07:00 both our guests have consensus on this, that this will be the biggest legal challenge before us on 8th.

07:07 In your opinion, what are the big legal challenges that are waiting for us after 8th?

07:13 Look, the biggest challenge, there is no doubt in this,

07:19 that within three days, the free candidates who will be successful,

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Transcript

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