"Supreme Court nay Constitution and Law Main Rehte Howay Faisla" Riasat Ali Azad's Analysis

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#reservedseats #supremecourt #adhoc #breakingnews #11thhour #pti #imrankhan #sunniittehadcouncil   "Supreme Court nay Constitution and Law Main Rehte Howay Faisla..." Riasat Ali Azad's Analysis

Transcript

00:00Rehasat Ali Azad, I'm sure you must be able to hear me.

00:03I've heard your point of view on this matter.

00:05Mr. Sati, I've heard all three brothers,

00:08because they are both political.

00:10I have an impartial view about the High Court Bar Association.

00:16I'll tell you the interpretation of the law,

00:19the importance of the Supreme Court's judgement.

00:22Okay.

00:23The question is,

00:24the Supreme Court of Pakistan's judgement,

00:27in my personal opinion,

00:30how is it in the constitution and the law?

00:33When the PTI was collecting their tickets and political affiliations,

00:43when they gave their verdicts,

00:45they said, since your baton mark was removed 18 hours ago,

00:48and they were released.

00:50When this election was won by Azad,

00:52they joined the Sunni Consulate.

00:55After that, the decision of the election commission on 19th May,

01:00and the decision of the Peshawar High Court,

01:03both were challenged by the Supreme Court of Pakistan.

01:05The Supreme Court of Pakistan held that,

01:09because the Dosu case of the Supreme Court of Pakistan,

01:13it was held that,

01:15if the foundation of any building that is illegal,

01:19and superstructure which is made over that building,

01:22that would also be considered illegal.

01:24Now, they have set aside the decision of the election commission,

01:28and the decision of the Peshawar High Court.

01:31Okay.

01:31It is wrong to say that,

01:33a political party went to the Sunni Consulate,

01:36the PTI didn't go.

01:37When both those decisions were set aside,

01:40then the parties went to the previous position,

01:42they went to the anti-status.

01:44When the PTI was there,

01:46they went to that status.

01:48Therefore, the Sunni Consulate ended.

01:50When both those decisions were set aside,

01:52the Sunni Consulate came after that.

01:54Okay.

01:55When the two basic decisions were set aside,

01:57therefore, those seats had to go to the PTI.

02:01The PTI went.

02:02The Sunni Consulate has no concern in that.

02:04Okay.

02:04Like it is being said that,

02:06rewriting of constitution,

02:08when it is provided in the three days constitution,

02:11that when there is a fresh election for the National Assembly,

02:14for that time,

02:16now they have given 15 days,

02:17so this is not rewriting of judgement,

02:19this is after consequences of that judgement.

02:21My brother may have misunderstood 188,

02:26Article 187, sub-article 1 of the constitution,

02:30in which it says,

02:31complete justice or substantial justice.

02:34Okay.

02:35When the Supreme Court hears in this jurisdiction,

02:38like Zulfiqar Ali Bhutto Shaheed's case,

02:40Article 186,

02:43which the Supreme Court of Pakistan heard,

02:45according to the article of the constitution,

02:47the mistake in which article 10A was not given to Zulfiqar Ali Bhutto,

02:52they reviewed it.

02:54However,

02:55Article 186 of the constitution of 1973 says,

03:00when there is ambiguity,

03:02when there is a question of law,

03:04and it is silent on that,

03:06then the President sends a reference and takes guidance from the Supreme Court.

03:10Okay.

03:11However, this case was decided by Zulfiqar Ali Bhutto,

03:14even then the Supreme Court did complete justice in it.

03:17Even in this, the Supreme Court,

03:19while doing complete justice,

03:21gave this decision.

03:22And Article 189 of the constitution of 1973,

03:26according to that,

03:27on me, on you,

03:29election commission, PTI, Noon, Meem, Jeem, Kaaf,

03:32and all the institutions,

03:34this judgement is binding on them.

03:36If someone first states the mandate,

03:39then 204,

03:41contempt of court,

03:43ordinance,

03:44and plus 204 of the constitution of 1973 article,

03:48according to that,

03:49the contempt of court can proceed.

03:52In my personal opinion,

03:54in the review,

03:55the review is based on Article 188.

03:57It is the same bench,

03:59the same council,

04:00and its scope is,

04:02that typically, graphically, mechanically,

04:05if there is any mistake,

04:06that is floating on the surface of the order,

04:09that can be reviewed.

04:10Review means to review something again.

04:13Re-view.

04:15Those who decided three days ago,

04:18they will go to the angle of 190,

04:20and change their reasons of the decision.

04:23That is a very interesting point, obviously.

04:27There is no scope in this case.

04:29In my personal opinion,

04:31this is their own decision.

04:33The Supreme Court has gone to decide.

04:35You have explained everything very comprehensively.

04:37One thing in this is that,

04:39it is a matter of appeal,

04:41against the decision of the Supreme Court,

04:42of the special sessions of the Noon League.

04:44In this case,

04:45three judges' committees,

04:46have opposed to applying for an appeal.

04:49And then it is said that,

04:50until a detailed decision is reached,

04:52that is, until a detailed judgment is reached,

04:54this appeal will not be approved.

04:56Such means have been told,

04:58that this will happen.

04:59And then, obviously,

05:00let's see what happens.

05:02Basically, Mr. Afnan,

05:03I wanted to know from you,

05:04that this decision has been reached,

05:05regarding this.

05:06So, the matter of restriction is obvious,

05:09that it will take some time.

05:11The way it is thought,

05:13or the way it is done.

05:14Review is not against a short order,

05:16it is against a complete judgment.

05:18Exactly, exactly.

05:19I wanted to know from Mr. Afnan,

05:20that now,

05:21will the government act on this decision,

05:24of the Supreme Court?

05:28Look, this is...

05:30The decision is binding, obviously.

05:31When the decision of the Peshawar High Court was reached,

05:33I am requesting,

05:35when the decision of the Peshawar High Court was reached,

05:37it was also binding on the PTI,

05:39that they will act on it.

05:40But they have not acted on it,

05:42by the grace of God.

05:43But we, God willing,

05:45will wait for the review.

05:47When the review will come,

05:48then after that,

05:49we will act on it.

05:51We don't have to act on it,

05:53the Election Commission has to do it, basically.

05:55Will you wait for the review,

05:57or for the detailed judgment?

06:01Detailed judgment will come,

06:02then the review will be submitted,

06:03then their decision will come,

06:04and after that,

06:05they will act on it.

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