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Makhsoos Nashiston Ke Case Mein PTI Ko Woh Cheez Di Gayi Jo Mangi Hi Nahi Gayi, Khurram Dastgir
ARY NEWS
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1 year ago
Makhsoos Nashiston Ke Case Mein PTI Ko Woh Cheez Di Gayi Jo Mangi Hi Nahi Gayi, Khurram Dastgir
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00:00
I was noticing that Irfan Siddiqui had a very aggressive press conference
00:05
even before that, in the last 3-4 days of PMLN
00:08
when this detailed judgement has come
00:10
there has been a very consistent stance that he did not like the decision
00:14
there is no surprise in this
00:16
but the implementation of this decision is not going to happen
00:19
has it been decided at the party level?
00:22
you say that the election commission has to implement it
00:24
but when the government itself comes and says that this decision is not right
00:27
and such decisions should not be accepted
00:29
has it been decided at the government level that this decision will not be implemented?
00:36
the wounds that I had from 7 years ago
00:40
when there was no mention of Akama in the entire Panama case
00:45
and the court saw a dictionary from the internet and made this decision
00:50
and disqualified Nawaz Sharif from being an unlawful and uncivilised person
00:55
we have been saying this since then
00:57
this is not a matter of liking or disliking
00:59
we have only one demand
01:02
first, we all wish that the judicial system should follow the law
01:08
but secondly, equal treatment
01:11
the law also says that everyone is equal
01:13
equal treatment, we have reservations about that
01:17
and this decision by the SIC
01:20
this is the third decision in this century
01:23
in which the Supreme Court has overstepped its authority
01:28
and has granted something that was not in the decision
01:31
this happened in the Zafar Ali Shah case in 2000
01:34
when the Supreme Court gave permission to the Aamir
01:36
to amend the constitution
01:38
although no such thing was asked
01:40
similarly, I gave you the reference of Panama
01:43
there was no mention of Akama in this
01:45
in the proceedings of 8 months
01:47
there it came to Akama
01:49
this was the judgment of the SIC
01:51
in which the Supreme Court
01:53
using its own thinking
01:56
made an air base and a parliamentary party
02:00
then forced its members
02:02
that what you have given is not right
02:04
you will be the members of this Jamaat
02:06
then the monitoring judge of Panama
02:09
made a very unilateral decision
02:12
he made it 8 instead of 1
02:14
so we have a lot of reservations about that
02:17
people's party has a lot of reservations
02:21
about the courts of that time
02:23
people's party is on record
02:25
the decisions came against them
02:27
the decisions were still implemented in Pakistan
02:29
in the past
02:31
this Akama case that you told
02:33
after that the implementation of that case happened
02:35
and Nawaz Sharif sir emptied the Prime Minister's house
02:37
what has changed now
02:39
there were grievances in that too
02:41
you still had grievances
02:42
the problem is that
02:43
how will it be decided that
02:45
if you don't want to implement the PML
02:47
then a way will open up
02:49
then whoever has the power in the government
02:51
will not implement the decision
02:55
no, no one has to decide this
02:57
the Supreme Court
02:59
31 years ago
03:01
in the case of Baaz Mohammad Kakar
03:03
wrote in its judgment
03:05
that when the law comes into the field
03:09
then the law will be a hindrance to the interpretation of the court
03:13
the real issue is not
03:15
that the administration says
03:17
that we will not implement
03:19
when the parliament has made a law
03:21
and decided
03:23
then the law will be a hindrance to the interpretation
03:27
but sir, about this
03:29
the flip side, the second view is
03:31
that the interpretation of the Supreme Court
03:33
the law makes the parliament
03:35
the interpretation is done by the court
03:37
the decisions that come as a result of that interpretation
03:39
they have to accept
03:41
I have not spoken to any such legislator
03:43
in 72 hours
03:45
who says that on the short order of the Supreme Court
03:47
you cannot implement
03:49
even the Supreme Court
03:51
is not endorsing this
03:55
see, but either the Supreme Court
03:57
then
03:59
why did they wait for 74 days
04:01
in their detailed judgment
04:03
the real method was
04:05
that they would immediately
04:07
issue their detailed judgment
04:09
so that we could file a review on it
04:11
so that the up procedure
04:13
would have been done 74 days earlier
04:15
and we would not have to face today's tensions
04:17
so the Supreme Court
04:19
not giving its detailed judgment
04:21
for 74 days
04:23
has the same serious questions
04:25
as saying that
04:27
there was no implementation of the short order
04:29
because that too
04:31
if we have to make an interpretation
04:33
then that too was waiting for a better time
04:35
for the detailed judgment to be issued
04:37
and the way
04:39
we have been alarmed
04:41
is that
04:43
last Saturday
04:45
the detailed judgment
04:47
that was issued by the court
04:49
and the court openly said
04:51
that keeping the law in mind
04:53
they used the word
04:55
de jure
04:57
that we are not looking at the de jure
04:59
we will go de facto
05:01
so in Pakistan
05:03
using the word de facto
05:05
this is the code word of decency
05:07
that if you go de facto
05:09
then using the word de facto
05:11
this country has been decency for 45 years
05:13
because it was de facto
05:15
and the court
05:17
has not only issued the same decency
05:19
12 times
05:21
right
05:23
so earlier you were saying
05:25
that the detailed judgment should come
05:27
that the implementation of the short order
05:29
has to be done
05:31
and there is a consensus on this
05:33
there is a consensus
05:35
that this decision is right
05:37
there are loopholes in this decision
05:39
one point of view of the constitution
05:41
is that it has been rewritten
05:43
and the other is that
05:45
this has been done
05:47
especially for the democracy
05:49
but everyone agrees
05:51
that there should be an implementation
05:53
which the government is not going to do
05:55
even after the detailed judgment
05:57
even in the review
05:59
the lawyer says that there is very little chance
06:01
that there will be a drastically different result
06:03
so after that you will say
06:05
that we did not like the decision
06:07
even after the review
06:09
will there be an implementation or not?
06:11
there is no question of liking or disliking
06:13
in this
06:15
this is a big challenge
06:17
in front of the election commission
06:19
so in front of them
06:21
on one hand there is the Supreme Court's decision
06:23
now the detailed judgment has come
06:25
and on the other hand
06:27
there is no administration
06:29
the Supreme Court has not decided
06:31
it is a law made by the parliament
06:33
and our point of view
06:35
is that the Supreme Court's
06:37
decision is in the field
06:39
until the parliament
06:41
does not legislate on it
06:43
when it is legislated
06:45
in the beginning of August
06:47
it has been a month and a half
06:49
it will hold the legislative field
06:51
it will not hold the decision
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