CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis

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CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis

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00:00You know that the case is going on, there are a lot of investigations going on on the basis of daily programs.

00:08First, let me tell you that today when this case was re-heared in the Supreme Court,

00:14what happened there, the most important dialogue that took place between the Chief Inspector and Barrister Ali Zafar,

00:21I will put that in front of you.

00:23Chief Inspector Qazi Faiz Issa was questioned by a 5-rupee larger bench.

00:30This bench is not legal.

00:33Barrister Ali Zafar raised an objection.

00:36This bench is not even in accordance with the Reconstruction Ordinance.

00:40Barrister Ali Zafar said there.

00:43We have not been challenged with the Reconstruction Ordinance.

00:46Chief Inspector put the question in front of him.

00:50I am not talking about the legal status of the ordinance, Barrister Ali Zafar.

00:54I am saying that the formation of the bench was not in accordance with the law, Barrister Ali Zafar.

00:59The law says that a three-member committee will sit down and make a bench, Barrister Ali Zafar.

01:05There is no scope for two members of the committee to sit down and make a bench in the law.

01:12Barrister Ali Zafar presented this argument there.

01:15Justice Mansoor Ali Shah did not come to the committee and wrote a letter.

01:20I want to read that letter.

01:22Barrister Ali Zafar said there.

01:24You just read the relevant paragraph.

01:26Justice Qazi Faiz Issa said there.

01:30You read that letter.

01:32You will have to read the answer to it.

01:35You will remember.

01:36Justice Mansoor Ali Shah wrote a letter.

01:38Senior Punit Judge, who is a permanent member of the committee.

01:41Justice Qazi Faiz Issa also wrote a letter in response to it.

01:44Chief Justice Qazi Faiz Issa wants to embarrass the judges here.

01:49Justice Mansoor Ali Shah talked about the full court on the constitutional audience, Barrister Ali Zafar.

01:53Justice Muneeb did not become a member of the bench on 30th September, Barrister Ali Zafar.

01:58In the absence of Justice Muneeb Akhtar, the bench should not have been formed.

02:03This was also his argument.

02:05The four-member bench that was formed on 30th September was not formed by any committee.

02:12First, it should be decided whether the bench is legal or not.

02:15This decision will be made.

02:17After this decision is made, I can give my arguments.

02:20The Supreme Court decision is present.

02:23The presence of the judge who writes the decision in the second appeal is necessary.

02:27This was also said by Ali Zafar.

02:29Why is it so early in this case?

02:31This was also raised by him.

02:32First, make your rules.

02:34Chief Justice Barrister Ali Zafar.

02:37The objections to the formation of the bench were refuted.

02:41You said that the decision should be made.

02:43So, we made the decision.

02:45We all have a joint decision that we refute the objection of the bench.

02:49Justice Qazi Faiz-e-Sahab.

02:51The second appeal against the formation of the 63-A bench will be heard again tomorrow.

02:57I am sorry, Mr. Chaudhary.

02:59We have taken a lot of time.

03:01We want to present all the hearings in front of the people.

03:03First of all, there are two important points.

03:05First, the committee is made up of three members.

03:09Mr. Ali Zafar said that the ordinance has come.

03:12He also said that the committee should be made up of three members.

03:15You made two committees.

03:17And then you made three committees.

03:19So, this bench is not legal.

03:21How much do you think this is a solid argument from Mr. Ali Zafar?

03:25Obviously, the argument is based on the law.

03:28This is what the law says.

03:30Because there is no concept of a two-member committee in the law.

03:33There is no concept of a forum.

03:35The committee presumes that only three judges will sit.

03:39And first it was that three senior judges would sit, which was also a matter of common sense.

03:43Then Muneeb Akhtar's face was not liked.

03:46So, he went and got the ordinance done.

03:48Mr. Faiz-e-Sahab said that you can take one judge as you wish.

03:52So, he put one judge of his choice in it.

03:55So, now the third judge, who is also a senior judge, is also not agreeing with it.

04:01So, now the problem is that the law says that only a three-member committee will be formed.

04:08And the argument made by Ali Zafar is also based on the law.

04:14But now there are five judges sitting.

04:16And it is obvious that they are judges of their choice.

04:18And if decisions are being made of their choice, then this is what has to happen there.

04:23I would like to talk about Zack Goldsmith.

04:25The tweet he made in favour of Israel, I don't know if you have seen it.

04:30This is the same Zack Goldsmith whom Bani Chairman Tariq-e-Insaaf had campaigned for the Mayor of London.

04:36He said, Israel is fighting for its life, for its very existence.

04:41It is up against a coalition of authoritarian, violent, oppressive regimes.

04:45Israel is the only light in the darkest corner of the earth.

04:50Israel must win.

04:52This is what Zack Goldsmith, whom Bani Chairman Tariq-e-Insaaf had campaigned for Sadaq Khan, is saying.

05:00Imran Khan has never campaigned.

05:03He has campaigned, his videos are available.

05:05No, there is no video.

05:06Outside the mosque, in the UK, in London, he was distributing pamphlets.

05:12I have a video, I will share it with you.

05:14Please share it.

05:15Yes, I will do it.

05:16The second thing, where you have come, that today...

05:18Now, Imran Khan has to answer what the previous brother-in-law is saying.

05:21No, no, that definition...

05:23He had a previous brother-in-law when he was campaigning.

05:26At that time, the present brother-in-law did not come.

05:29Chaudhary Sahib, our real Chaudhary, the one and only Chaudhary Ghulam Sahin Sahib, is saying,

05:34that you have to leave your mother, you have to leave together.

05:37The question is something else.

05:38Now, you understand.

05:39We are going to the point.

05:40Here, the question can also be asked.

05:42Zack Goldsmith.

05:43He has brought this.

05:45You are talking about him.

05:46No, no, I am not talking about him.

05:47You are right.

05:48He is the uncle of Qasim and Salman.

05:49He is my uncle.

05:50He is my uncle.

05:51Our Tahiyat Qaid is ruling in the biggest province of this country right now.

05:58And his younger brother is the Prime Minister in the Centre.

06:01Have you read his statement?

06:02Has the tweet come?

06:03No, no, has it come?

06:04Yes, his statement, have you heard it in the UNGA?

06:08No, no, I have heard the statement in the UNGA.

06:10I am talking about Nawaz Sharif Sahib.

06:11No, no, okay, let's go.

06:12Nawaz Sharif Sahib.

06:13Now, he is talking about the Bench Formation, the Practice and Procedure Committee.

06:19Now, as you are saying, it is good, it is bad, it is right, it is wrong.

06:24Now, the judicial order has been taken today by Mr. Ali Zafar.

06:28Now, you are saying that the Supreme Court's decision is in the field.

06:32So, now this bench formation, legal formation, illegal formation,

06:38the practice and procedure committee was there or not,

06:40now the decision of the Supreme Court's larger bench has come, sir.

06:43Let's take your point forward.

06:45What?

06:46Now, where will you get out of this?

06:47What?

06:48Now, when he has made his application, he has objected to the bench formation.

06:53So, the bench has made his application, so it is his judicial order.

06:56The bench that has been made, he is saying that he does not believe in this bench.

06:59He said that he does not believe in it, he has taken the judicial order from the Supreme Court.

07:02So, the Supreme Court has put a seal on it.

07:04Now, the Supreme Court has put a seal on it.

07:06Okay, okay.

07:07Chaudhary Sahib, ask him.

07:08So, Mr. Chaudhary Sahib, put your light on this.

07:11Nowadays, the government officials, especially Senator Siddiqui,

07:16Mr. Chaudhary Sahib, you know that they also explain to us in their columns

07:20various legal and legal points.

07:22So, we have to understand the various legal and legal points of Mr. Hassan Ayyub.

07:27Please answer the question that I have raised today and then go to Mr. Chaudhary Sahib.

07:30There is no legal and legal point.

07:33Hassan is saying that the government has had a point of view for two years

07:37that we have done it, now you do whatever you want to do.

07:40See, the legal and legal points, ethics, law, are left behind.

07:44There is no answer to that.

07:45Now, you see, like Mansoor Ali Shah wrote in his letter,

07:48that this is a dispute, call the full court for this

07:51and the full court should decide its rules.

07:54Mr. Chaudhary Ghulam Sain.

07:56Yes, this is the point.

08:00What I want to talk to Mr. Fawad Chaudhary is

08:04that when will Pakistan come towards the law and the law?

08:08Now, the goldsmiths,

08:10the goldsmiths here, people call them Lahars,

08:15what have they done here?

08:17They are the government.

08:18They are blacksmiths.

08:19They are blacksmiths.

08:22No, I think they have mixed 100 goldsmiths and 1 blacksmith.

08:26Now, no one is saying anything.

08:27Okay.

08:28What?

08:29What have they mixed?

08:30Don't people say that?

08:32They say 100 goldsmiths and 1 blacksmith.

08:34I said that perhaps the term blacksmith has not been used yet.

08:36They are goldsmiths.

08:37Okay.

08:39Leave these things.

08:41They are blacksmiths.

08:42Yes, Mr. Chaudhary.

08:43Mr. Fawad Chaudhary,

08:44will you come out of this mess or not?

08:46Answer this.

08:47You have come to the program.

08:49Thank you very much.

08:51No, Mr. Chaudhary,

08:52the country is coming out of this mess,

08:55but it can come out.

08:57Obviously, there is no issue in coming out.

08:59Whenever an environment is created in coming out,

09:03and I am always saying that there should be grand political dialogue

09:07in which political parties and establishments sit

09:10and decide how to run this country.

09:13And this right that the government of Pakistan will elect the people of Pakistan,

09:19this is the basis of everything.

09:21If you don't believe this, then obviously you can't go beyond this.

09:25This principle will have to be followed,

09:27that the government of Pakistan will make the people of Pakistan,

09:30the people of Pakistan will have the power to bring it down.

09:33And after this principle, other things have to be decided.

CJP Isa rejects PTI’s 'baseless' objection to Article 63-A bench formation | Fawad Chaudhry Analysis

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