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"Main Nahi Samajta Constitutional Court Kay khilaf Hongay..." Farooq H. Naik's Statement
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1 year ago
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"Main Nahi Samajta Constitutional Court Kay khilaf Hongay..." Farooq H. Naik's Statement
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00:00
It has become an explosive environment.
00:02
If we look at our political environment,
00:05
the way our country used to run its politics was like this before as well.
00:09
There were interests, political interests, power politics,
00:14
alliances, troikas.
00:15
Someone was doing something with someone, someone was doing something against someone.
00:19
Now, it seems to be completely over.
00:22
In this country, if there was a little bit of law, law, morality,
00:28
and some people used to stand with it,
00:30
it seems that these things are slowly coming out of our politics.
00:34
Look at the Parliament, the Election Commission of Pakistan,
00:38
your Supreme Court, and the other bodies.
00:42
Now, there used to be a fiasco before,
00:46
of democracy, of good decisions.
00:50
It is now coming to an end to some extent.
00:53
The fight between the Supreme Court and Pakistan,
00:55
the letters they are writing, and the way the law is being made and used,
01:00
those gloves are off now.
01:01
The Election Commission of Pakistan has never acted on the Supreme Court's decision,
01:05
because of politics.
01:06
And the Parliament still says not to do it because of politics.
01:09
But there is going to be a constitutional amendment,
01:11
in which it seems that the government will be ready to collect two-thirds majority.
01:17
I don't know how this will happen.
01:18
Will Maulana Sahib go with him or not?
01:20
We have Rauf Qalasar Sahib with us.
01:22
All of them are sitting with Maulana Sahib for two hours.
01:25
So, he will tell you what we heard there and what the JUIF will do there.
01:29
But I will start.
01:31
Farooq Naik Sahib is with us.
01:34
Obviously, his introduction is from People's Party.
01:38
He is obviously one of the senior leaders.
01:42
He has also been the former chairman of the Senate in Pakistan.
01:48
I am sorry.
01:49
Is he with us?
01:51
Farooq Naik Sahib is with us.
01:53
Farooq Sahib.
01:54
Naik Sahib, Assalam-o-Alaikum.
01:55
Assalam-o-Alaikum.
01:57
Alhamdulillah, sir.
01:58
He is the vice chairman of the Pakistan Bar Council.
02:00
Someone said something in my ear.
02:01
I forgot to complete it.
02:03
Sir, tell us.
02:03
First of all,
02:05
we will go into what Maulana Sahib is thinking.
02:07
Obviously, the JUIF is the reason why the constitutional amendment has not happened yet.
02:15
But the biggest problem was that it was based on two or three things.
02:18
Sir, first of all,
02:20
you are going to make a constitutional amendment.
02:21
Bilawal Sahib has taken on the responsibility of marketing it.
02:24
And it seems that he is marketing the People's Party.
02:26
But there are two or three questions.
02:28
Who will be its chief justice, sir?
02:30
Have you made this decision?
02:33
Look,
02:34
Bismillah-ir-Rahman-ir-Rahim.
02:36
Neither I nor the Pakistan People's Party have to make this decision.
02:40
This decision has to be made by the parliament.
02:43
Look, there are three pillars in this country.
02:45
There is the parliament, the judiciary, and the executive.
02:49
The parliament's job is to make laws.
02:51
To make laws.
02:53
And if those laws are against the constitution,
02:57
their basic structure is against the constitution,
03:00
against fundamental rights,
03:02
then the judiciary has the power,
03:03
the Supreme Court has the power to declare it null and void.
03:08
This is the theory of separation of power.
03:10
And we can also call it checks and balances.
03:13
The government's job is to interpret the laws.
03:16
The law will be interpreted by the Supreme Court.
03:20
And the Supreme Court is the guardian of the constitution.
03:27
The government's job is to implement and make policies.
03:31
The current situation is a hostile situation
03:37
both in the Supreme Court and in the parliament.
03:41
I think that for the defense of the country,
03:43
for the democracy, for the rule of law...
03:47
Sir, but you have already made it hostile.
03:50
Hostility comes from outside.
03:54
Listen, sir, all these institutions should use a restrained policy.
04:00
Until this is not done, I think,
04:02
we are going against our country's survival.
04:06
As far as the constitutional package is concerned,
04:08
which you just mentioned in your words,
04:12
it has not yet been passed.
04:14
There are countless doubts in it.
04:17
But there is also a doubt that
04:19
a constitutional court should be made in this country.
04:22
The constitutional court is being made because,
04:25
number one, the COD that was signed in 2006,
04:30
between Nawaz Sharif and Respected Martyr Benazir Bhutto,
04:34
there is a constitutional court...
04:35
Sir, but wait a minute.
04:36
Sir, if I may,
04:38
today we were sitting with Maulana Sahib.
04:40
Maulana Sahib agreed to one thing.
04:42
Look, what you are calling a constitutional court,
04:45
in principle, we agree with you that
04:47
this is a part of the Charter of Democracy,
04:48
of your manifesto.
04:49
But I asked Maulana Sahib this question.
04:52
I said, sir, the way we heard things in the last two months,
04:56
first it was said that the Chief Justice should be tenured for three years.
04:58
Then it was said that he should be made 68 years old.
05:00
Then it was said that a judge should be selected from the top five,
05:03
who can be made the Chief Justice.
05:05
After that, the constitutional court.
05:06
It seems that to keep someone as the Chief Justice,
05:10
and to stop someone, all this is happening.
05:12
This is not a part of any manifesto,
05:14
or any larger...
05:16
that we want to follow the principles.
05:18
And Maulana Sahib agreed to this.
05:21
Look, brother, the thing is that
05:23
when a document comes into existence,
05:27
when there are amendments,
05:28
then there are discussions.
05:30
But in the discussions,
05:32
many good things also come,
05:33
many bad things also come.
05:35
This does not mean that a final decision is made.
05:38
A final decision is made
05:40
when all the people agree on it,
05:43
that this thing should be done under the constitution,
05:45
or under the law.
05:47
And I think that a final decision has not been made yet.
05:51
Because I am telling you this
05:53
when the Pakistan Bar Council
05:55
and all the bar councils
05:56
had a convention a few days ago,
05:58
in which I also participated,
06:00
the Vice Chairman of the Pakistan Bar Council.
06:02
I gave this suggestion,
06:04
that this constitutional package should be opened.
06:07
Absolutely.
06:08
It should not be kept secret.
06:09
Sir, but today it was opened in front of us, Farooq Naik sahib.
06:13
No, listen to me.
06:14
The issue is with the People's Party.
06:15
How did you give the amendment in Article 8?
06:19
Sir, listen to me.
06:20
Basic fundamental rights.
06:21
You can pick anyone from anywhere,
06:22
it won't make any difference to anyone.
06:23
Who has done it?
06:24
Look, that day the law minister
06:28
officially gave us the draft of the constitutional amendments.
06:33
Even today, the executive committee of the Pakistan Bar Council
06:37
has been debating on this for 3-4 hours.
06:41
And we have proposed unexpected amendments
06:44
in this constitutional package,
06:47
which, God willing,
06:49
on 2nd, we will finalize it
06:51
and send our amendments to the law minister.
06:54
Now, as long as it is our duty,
06:57
we are also a stakeholder as Vukla.
07:00
Vukla's association in Pakistan.
07:01
Sir, but your stake is something else,
07:02
and Muneer-e-Malik-type Vukla's stake is something else.
07:04
You are with him.
07:05
He says, we will run the movement.
07:07
Look, running the movement is something else,
07:10
but I don't think,
07:11
I don't think Muneer-e-Malik sahib
07:13
will be against the constitutional court.
07:16
Look, why is the constitutional court being made?
07:18
Think with a cool heart.
07:20
It is the Supreme Court.
07:21
Absolutely, the Supreme Court is the appellate court.
07:23
At the moment, the Supreme Court
07:25
is also an appellate court
07:27
for criminal and civil cases
07:29
as well as constitutional cases.
07:31
Most of the time,
07:33
the cases that are less,
07:34
the political, less constitutional matters
07:36
are taken care of.
07:38
Sir, that is not 90%.
07:39
Sir, let me ask the question directly.
07:41
Sir, listen to me.
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