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National Assembly aur Punjab Assembly kay Speaker kay Letter ki Qanooni Haisiyat Kiya Hai?
ARY NEWS
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1 year ago
#nationalassembly
#punjabassembly
#constitutionalamendment
#malikahmedkhan
#ayazsadiq
#nationalassembly #punjabassembly #constitutionalamendment #malikahmedkhan #ayazsadiq
National Assembly aur Punjab Assembly kay Speaker kay Letter ki Qanooni Haisiyat Kiya Hai?
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00:00
Jahangir Jadoon, Ayaz Sadiq saab is saying that the legislation that we have implemented will be in retrospect from 2017 onwards.
00:08
And according to this, the Supreme Court's decision cannot be more than this.
00:15
It is beyond the scope of legislation.
00:18
Now, do you agree with this because Ali Muhammad Khan saab was present there.
00:22
He was saying that it cannot be done in retrospect.
00:24
No, see there are two reasons for this.
00:27
One is that the Supreme Court's judgment has been given a short order,
00:31
an explanation has been given and a detailed judgment has to be given.
00:34
Now, what is the reasoning behind the detailed judgment?
00:36
Basically, there was an interpretation of a constitutional point and an election act.
00:41
So, if the Supreme Court interprets a constitutional provision or a detailed judgment is given,
00:47
then if the Parliament wants to make an amendment, then it can only be done through a constitutional amendment.
00:54
This is a way of pressurizing people to write letters.
00:59
When Yusuf Ghilani was sentenced for contempt of court,
01:04
the Speaker wrote a letter at that time.
01:07
A letter can do nothing.
01:08
The Speaker does not have judicial power.
01:10
The Speaker should investigate the incident that took place in the Assembly that day,
01:15
where he has the power.
01:17
He should file an FIR against the people who came from the FIA or the police.
01:21
So, you are saying it is a waste of time.
01:23
It is a waste of time.
01:24
It means that it should not be done.
01:26
It should not be done or it cannot be done?
01:28
No, it can be done.
01:30
It is not a judicial forum.
01:32
But they are using the law to tell the ECP to implement the law.
01:36
The ECP is a constitutional institution.
01:40
It knows that the people there are very competent.
01:43
If they themselves do not want to implement the judgment for some reason, then it is up to them.
01:47
Otherwise, the Supreme Court's judgment, whether to agree or disagree with it,
01:50
it is the judgment of the Supreme Court.
01:52
And it is your law to implement it.
01:54
You have to implement it.
01:56
It is not a matter of insult.
01:58
I will take the same question to Mr. Pasha.
02:00
Mr. Hassan Raza Pasha, is this law,
02:03
the amendment that the Election Act amended in 2024,
02:07
is it valid?
02:09
Is the Supreme Court's decision valid?
02:11
The letter that the Speaker wrote for implementation,
02:14
what is its legal status?
02:17
Look, the formula of the Tri-Economy of Power in the eyes of Pakistan,
02:22
the parliament, the judiciary and the administration have put their domain in it.
02:31
Now, there is no doubt that they have done the right of the parliament to legislate.
02:38
And the agreed parties have also challenged,
02:42
which has not been heard yet.
02:44
It has not been heard yet.
02:46
Let's see how the Supreme Court of Pakistan sees it.
02:50
But the third important thing to see is whether the Speaker
02:56
can implement this law in this way.
03:04
So my answer is also negative.
03:06
If the parliament wants to legislate,
03:11
then the courts have to explain it.
03:13
And then the administration has to implement it.
03:16
Look, where the matter will go,
03:19
whether it will go to the administration for implementation,
03:22
or it will go to some other regulatory body for implementation,
03:26
then they have to deal with the lawyers,
03:30
or deal with that law.
03:33
And then we have to see our right,
03:35
whether the law and the constitution has given us the right
03:39
to implement it or not.
03:43
There is no other opinion in this.
03:45
So you are also saying that the Speaker should not have written the letter.
03:49
The ACP should have decided it himself.
03:51
So tell me this, Mr. Abbas.
03:53
Counter question.
03:56
The Speaker has to write the matters of the National Assembly.
04:00
And because the Speaker has to deal with the matters of the National Assembly,
04:02
then there is a gap in the National Assembly,
04:04
because of which the proceedings of the National Assembly have been halted.
04:07
And the proceedings are that they have to amend the constitution,
04:09
but the numbers are not complete.
04:11
If the implementation of this law is done,
04:14
then the numbers will be completed.
04:15
And if the numbers are completed,
04:16
then the proceedings of the National Assembly will move forward.
04:18
Now this is a hurdle.
04:21
To remove this hurdle,
04:23
in the proceedings of the National Assembly,
04:25
shouldn't the Speaker of the National Assembly write a letter?
04:29
No, I don't think so.
04:31
He should call a hearing.
04:33
He should legislate on it.
04:35
He can present a resolution.
04:37
He can do anything.
04:38
Look, one solution to this,
04:40
I have been saying from day one that
04:42
the only solution to this is with the Supreme Court of Pakistan.
04:46
We will have to look at them a little too.
04:48
Why are they not announcing a detailed judgment?
04:51
And secondly, after announcing a detailed judgment,
04:55
the review petitions that have come,
04:57
should be put up for hearing.
04:59
And give an exhaustive kind of judgment.
05:02
At least remove this confusion.
05:06
If they don't do it and delay it,
05:08
then this kind of situation will continue to develop.
05:12
Sometimes the Speaker will write a letter.
05:13
Sometimes the administration will say something.
05:15
Sometimes the election commission of Pakistan will say something.
05:17
So I think the Supreme Court of Pakistan should move forward.
05:23
So the decision is a detailed judgment.
05:26
Detailed judgment.
05:27
It should be given.
05:28
It should not be ignored.
05:29
Mr. Jadun, now the question arises,
05:31
what options does the ECP have?
05:34
The ECP has one option,
05:35
that the decision of the Supreme Court,
05:37
whatever it is,
05:38
should be implemented.
05:39
According to that, it should be noticed.
05:41
They haven't done that yet.
05:42
It has been delayed.
05:43
Secondly, the law that the Parliament has passed,
05:48
has brought an amendment,
05:49
has brought a retrospective,
05:51
that is, there will be a divorce in the past as well,
05:53
from 2017.
05:54
By implementing that,
05:55
the number game should be changed.
05:57
And all of them should not be included in the PTI.
06:00
SIC should remain SIC,
06:01
PTI should not be made.
06:02
In your opinion,
06:03
for the ECP,
06:05
legally,
06:06
with the law,
06:07
and with legality,
06:08
what will be more aligned?
06:10
Look, in this,
06:12
the ECP has given a judgment to the Supreme Court.
06:14
It was a full court.
06:15
13 members were present in that bench.
06:18
Two disagreed.
06:19
11 Judgment Chiefs.
06:21
They themselves are saying that
06:23
PTI has fought an election as a party,
06:25
and these seats are theirs.
06:26
So why is the ECP interpreting itself in this?
06:29
I don't understand.
06:30
That should be implemented straight away.
06:32
But the ECP,
06:33
is not working as a constitutional institution.
06:36
The ECP is biased.
06:38
That is the reason.
06:39
The government says the same about some other institution.
06:41
It is biased.
06:42
No, the government,
06:43
whether it says it or not,
06:45
it is biased because,
06:47
if you want to delay a party,
06:52
if it wants to,
06:54
foreign funding case delays for 7 years.
06:56
If it wants to,
06:57
it works in minutes.
06:58
Use your discretion,
07:00
as per law.
07:02
The Supreme Court has asked for an explanation.
07:05
They have explained.
07:06
They said,
07:07
these 41 people,
07:08
from whom they have given declarations,
07:10
notify PTI.
07:11
Now they are sitting on it again.
07:13
A detailed judgment has come.
07:14
This means,
07:15
the ECP is not doing it on its own.
07:17
There is a force behind it.
07:19
Why are you undermining the ECP so much?
07:21
Why is there a force behind it?
07:23
Why can't it do it on its own?
07:25
The ECP is the trustee of the people.
07:27
The ECP is an institution in the whole of Pakistan,
07:29
which is an institution,
07:30
whose job is to hold elections.
07:32
The ECP is the worst.
07:34
Sometimes RTS sits in 2018.
07:36
Sometimes,
07:37
all the petitions that come,
07:39
today,
07:40
the litigation in the Supreme Court,
07:42
the delay is the ECP's case.
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