Hukoomat Aur Adliya Ke Bech Tanaza Kam Hosakay Ga?

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00:00We have 3-4 minutes, so we will make it very quick.

00:04They think that until a Constitutional Court is not formed,

00:09people do not think alike, then this clash will continue,

00:12because this Supreme Court is very clearly split.

00:15If Mansoor Ali Shah becomes the Chief Justice,

00:18do you still see a conflict between the Government, the Executive and the Supreme Court,

00:23or are there overblown apprehensions?

00:25They think that until this clash is not broken,

00:31no political government in Pakistan will be able to work effectively.

00:35I am asking because Mr. Mulana has said that if 5-6 Senior Most Judges

00:40or 5-7 Senior Most Judges form a Constitutional Bench,

00:43I was looking at the top 7 judges,

00:46and if you can guess from their decisions,

00:49then you think that the ratio is at least 4-2,

00:53and we do not think that there are 4 Governments,

00:56maybe 2 Governments in the future,

00:58or Mr. Fareed Wahid is seen as neutral,

01:01so we have to be very careful,

01:03we are not casting any aspersions,

01:05I am just analysing the decisions.

01:07So I do not see a solution in the Bench.

01:10So if they are not able to form a Constitutional Court,

01:14and there is a conflict in the Bench,

01:18then this seems to be a definite amendment,

01:21and I see that the next Chief Justice will not be Mr. Shah automatically,

01:26the Government will select him from the panel.

01:29Mr. Malik, what you have said is better to be asked from Mr. Fazlur Rahman,

01:36who has said this.

01:38Obviously, I have not said this,

01:40no one has said this to us,

01:42so how can I give you an answer on this?

01:45I have given you the scenario.

01:47You have said that you are not casting any aspersions,

01:51you have said that,

01:53and it is very direct,

01:55I am just analysing the decisions,

01:57if I see that there is a case of Reserve Seats,

02:00who did what in that case,

02:02there is a case of history,

02:04what did the judge decide in that case,

02:06what did he do in 63A,

02:08so when you see 3-4 decisions,

02:10which have political implications,

02:13then you can say that this is a mindset.

02:16The aim of the Federal Constitutional Court was to take one from every province,

02:20and bring a parity,

02:22because in the present Supreme Court,

02:24when these constitutional cases were going on,

02:26then that parity was not visible.

02:28The fear in that is of transparency,

02:30the issue of the Constitutional Court is this,

02:32Chief Justice, overnight you have made your own decisions,

02:35you have handpicked the judges,

02:37for 3 years that handpicked court will sit.

02:41Mr. Malik, the fear of transparency is when,

02:44in political matters, the present Supreme Court is very transparent,

02:47it has not been able to establish itself transparently.

02:50So you will make another one like that.

02:53By and large, our judges are very good,

02:55the judges of the present Supreme Court are also good,

02:57they decide the generalities of cases,

03:00in a very good way,

03:02but whenever political issues arise,

03:05our court becomes controversial.

03:07Who will guarantee that,

03:09if the Constitutional Court comes for 3 years,

03:11if everyone comes for 3 years,

03:13in 1965-78,

03:15that those people are not of one bent of mind,

03:18that is not a check.

03:20You are right, no one can guarantee that,

03:22but the present Supreme Court,

03:24had reached a point,

03:26that whatever happens,

03:28it cannot be that bad.

03:30It will be better than this.

03:32This is a matter of hope.

03:35No, not of hope.

03:37Hope is not a strategy.

03:39Look at Mr. Iftikhar Chaudhary,

03:41look at Mr. Poni,

03:44look at Mr. Saqib,

03:47look at Mr. Bandyal.

03:49And now we will look at those people,

03:51if your case is put forward,

03:53which you will put forward,

03:55then in the next 3 years,

03:57we will look at them and say,

03:59they are of the same kind.

04:01No.

04:02That is the guarantee.

04:04Those who will come next,

04:06after seeing so much,

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