Bilawal Bhutto's Important Statement on the Extension Of Tenure Of Judges

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#bilawalbhutto #supremecourtjudges #judges #cjp #qazifaezisa    Bilawal Bhutto's Important Statement on the Extension Of Tenure Of Judges

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00:00For clarity, I will ask a specific question.

00:03You are saying that what is going on in the media is a wrong constitution.

00:07You ask.

00:08I will ask an innocent question.

00:09You are innocent. You called your lawyer and asked him to ask me any question.

00:13I am happy to defend anything that we want to, legislation that we want to defend.

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01:47That's very good.

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02:05Thank you

02:14the Constitutional Bench.

02:17The situation of the JUI was that we should keep the age of 65 only in the judiciary,

02:24the age of the Chief Constitutional Court.

02:27My proposal of the Pakistan People's Party, I think if we keep a specific age,

02:33and it is a pity that our judicial system has reached this stage, but it is necessary to say

02:40that if we keep a specific age, whether it is 65 or 67,

02:44my party feels that it is individual-specific.

02:48It feels like we are trying to keep someone out or someone in.

02:53So in the draft that my party told us, we did not mention any age.

02:59And we thought that in our Constitutional Court,

03:04on the basis of terms, for example, the Chief Justice should have a term of 3 years

03:10and the Judge should have a term of more than 3 years,

03:13so that the Chief Justice gets a chance to serve his 3 terms in the Constitutional Court.

03:18Then the Justice of the same court should get this opportunity.

03:23The purpose of the Constitutional Court has many aspects.

03:29One is that in our country, the way the common man finds justice difficult,

03:35the way our court has adventurism.

03:38But at the same time, I think it is also necessary that we bring our current system

03:48according to the times, according to the modern times.

03:52There will be a consensus between the Pakistan People's Party and Noon League's proposal

03:57and J-Works' proposal and we will bring it forward.

04:04And the Government's proposal was that the first Chief Justice of that Constitutional Court

04:08should be appointed by the Prime Minister.

04:11There are many suggestions and there can be a debate on this.

04:18We are open to the process.

04:26I think the appointment of the first Chief Justice,

04:31which is the procedure of appointment of Judges in our Judiciary,

04:36that can be described best as of the Judges, for the Judges and by the Judges.

04:43And I have not seen anywhere else in the world where Judges appoint Judges.

04:49You see the whole world, in the United States,

04:52which is the most famous democratic system in the world,

04:57how their Parliament sits there.

05:00There is a bipartisan Judiciary Committee

05:04and the Judges of their Constitutional Court,

05:08on their judicial history, on their legal views,

05:14there is a very rigorous interview process.

05:17And then the whole forum decides who should be their Justice.

05:25In Pakistan, we have tried to bring this kind of arrangement in the past.

05:31At the time of the 18th Amendment,

05:33the Parliament, with full consensus,

05:36with two-thirds consensus,

05:38the Parliament had a collective decision

05:41that the Parliament would have such a Committee

05:44and that Committee would elect the Judges of Pakistan.

05:48Our Honorable Chief Justice at that time,

05:52Justice Iftikhar Chaudhary,

05:54he had our entire 18th Amendment,

05:57which was the first successful amendment of the 1973 Constitution,

06:04which removed all the black laws in this country for Amir,

06:09which made him devolution,

06:11which gave the common man his right.

06:14He blackmailed us in front of us,

06:19that either you give me back this process,

06:23so that I can appoint my own judges,

06:27or I can undo your entire Constitution.

06:32So, since then, we have been trying this process,

06:37but we could not do it.

06:39Even today, when my proposal is that we go back to the 18th Amendment,

06:43Mulana Fazl Rehman's group had a different proposal,

06:48which was that the Judges Committee of the Parliament

06:52and the Judicial Judges Committee,

06:55should be consolidated,

06:57so that there are not only the representatives of the Parliament,

07:00but also the representatives of the Judiciary,

07:02as well as, what do you call it,

07:06the representatives of the Bar Councils, etc.

07:08If there is a way out of this,

07:11then the Pakistan People's Party has no objection to it.

07:14Mr. Bilawar, obviously, you are giving all kinds of suggestions,

07:17because the bill has not come yet.

07:19What I want to ask you is that,

07:21the agreement between you and the Government,

07:24because obviously, we are assuming,

07:26and I think rightly so,

07:27that the agreement between you and the Government,

07:31was not made because Mr. Mulana did not agree to it.

07:34So, did you both agree to this,

07:37that the first Chief Justice of the new Constitutional Court,

07:39the Prime Minister, should be appointed,

07:40so that we can talk openly?

07:41Because everywhere, the government wants that

07:44Mr. Faiz Isa should either be given an extension,

07:46or he should be appointed to the Constitutional Court.

07:48There are a few points on this,

07:50which I would like to raise.

07:52Firstly, this matter,

07:54the input of the Pakistan People's Party,

07:56in the draft of the Government,

07:58happened in the context that,

08:00we thought that Mr. Mulana is already on board,

08:03and the Government is already on board,

08:05it was just a matter of time for the Pakistan People's Party to agree.

08:08In that process, yes,

08:10we got some of our talks made by the Government,

08:13and we also agreed to some of the talks made by the Government.

08:18The draft that was in the morning of that day,

08:25Mr. Mulana Fazlur Rahman had a lot of objections to it.

08:30The Pakistan People's Party had a few objections to it.

08:33But whenever you make your own goal,

08:38or your own part of the manifesto,

08:41then you are ready to compromise on other parties.

08:47The approach that we will take now,

08:49is that the original draft of the Pakistan People's Party,

08:53we will send it to Mr. Mulana Fazlur Rahman,

08:56and we are waiting for him to complete his draft,

08:59so that we can bring it to a consensus document.

09:01As far as the initial appointment of the Chief Justice is concerned,

09:08what you are talking about,

09:10the appointment of the Prime Minister,

09:12and the process of notification,

09:17that will have to be a one-time process,

09:21as to how we will start it.

09:23In the future, obviously,

09:25we have suggested that the Chief Justices,

09:28either this new Chief Justice,

09:30which is made by the Constitutional Court,

09:32or a proposal can also come up,

09:34that both the Chief Justices,

09:36or the Chief Justice,

09:38and the Senior Peony Judge,

09:40whatever system they want to make,

09:42the power that the Prime Minister had,

09:44according to our original Constitution,

09:47according to the 1973 Constitution,

09:50before the 1996 Supreme Court Judicial Order,

09:53in the time of Mdm. Benazir Bhutto,

09:55who took this power from the Prime Minister,

09:58and kept it with the Supreme Court,

10:01and in the time of Chief Justice Iftikhar Chowdhury,

10:05that power went to the judges completely.

10:10So, one proposal is that it should go to the Prime Minister.

10:14But my party's opinion was that,

10:17perhaps, given the current political context,

10:21there can be more criticism,

10:27so we can debate on this,

10:29and we can think about it.

10:31One proposal is that,

10:33you should consult with the President of Pakistan,

10:35and the Chief Justice, and the judges,

10:37or you should do it through the same Judicial Commission.

10:41I mean, this can be discussed.

10:43But what you are talking about,

10:45and saying that this is a government proposal,

10:47this is less of a government proposal,

10:49according to our original Constitution,

10:51this was the procedure.

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