Maulana Fazal ur Rehman Ki Tajveez ko Hukumat..." Barrister Aqeel Malik's Shocking Revelation

ARY NEWS

#constitutionalamendment #constitutionalcourt #juif #maulanafazlurrehman #fazalurrehman #barristerAqeelmalik #bilawalbhutto   Maulana Fazal ur Rehman Ki Tajveez ko Hukumat..." Barrister Aqeel Malik's Shocking Revelation

Transcript

00:00There is only one problem in the whole of Pakistan, one was the small issue of what will happen to the cricket test match.

00:05At this time, Pakistan is in a good position, let's see if they play a game in the morning or not.

00:09Anyway, the second serious issue is the constitutional amendments.

00:13Yesterday, we gave you a regular news that PMLN has backed off from the Constitutional Court

00:21and now we are talking about the Constitutional Benches.

00:23They have used the word Constitutional Division in the bill that has been submitted to the committee.

00:32Now the issue is that what are the issues, what is left to fight about?

00:35Two or three big things.

00:37As we speak, the JUI has started its meeting, after that there is a meeting with the PTI.

00:43And what are the two or three big fights?

00:46Maulana Falzon Rehman Sahib thinks that the current Chief Justice who is to be appointed immediately

00:51should be according to the old principles.

00:53That is, the senior most person, that is, Justice Mansoor automatically becomes the Chief Justice.

00:59According to the draft of PMLN, the Special Parliamentary Committee will forward one name

01:07from the three senior most judges and that name will be binding and the President will give it.

01:14Now the senior most judges are also in a very interesting situation.

01:17Justice Mansoor Ali Shah Sahib is there, then Justice Muneeb Akhtar Sahib is there.

01:21Justice Muneeb Akhtar Sahib has no doubt that the government will also recommend him

01:25and his own formula will also work.

01:28Third number is Mr. Yahya Afridi Sahib.

01:31Mr. Yahya Afridi's reputation is very strong that straight as an arrow,

01:35neither right nor left, he follows the letter of the law.

01:38To be fair, Mr. Mansoor Ali Shah's reputation is the same.

01:41But the experience of PMLN and his allies,

01:45they may count him as belonging to another camp.

01:50And especially the decision of 63A, the decision of reserve seats,

01:54after all these things, they think that maybe he is not.

01:58One thing will be resolved between PMLN and Maulana Sahib that what is being said here.

02:04Maulana Sahib gave another concession to the People's Party after his meeting

02:08that the constitutional benches he was talking about were called People's Party courts.

02:13In the latest draft he has submitted in front of the committee,

02:17he has also talked about the same benches at the provincial level.

02:20So the bench is now done and a court within a court is being formed.

02:24Now the scene is also to be seen that if this constitutional court,

02:29the documents of the government, the draft,

02:32the Judicial Commission of Pakistan will recommend this.

02:37If the existing Judicial Commission of Pakistan is in accordance with this,

02:42then I think all the exercises will fail,

02:45the government's own intentions, because it does not go in their favor.

02:49So clearly there is a change coming and it will come.

02:53There are three or four sensitive subjects, we will talk about them in today's program.

02:57I have been joined by Barrister Aqeel Malik Sahib.

03:00He is an advisor, MNA of the Ministry of Law and Justice.

03:03You became an independent elect and then came to the party in PMLN.

03:07So you put your freedom here.

03:09No, I was from Noorli from the beginning.

03:12So obviously I contested independently.

03:15Why?

03:16There was a seat adjustment.

03:17Okay.

03:18And we are joined by Salman Akram Raja Sahib,

03:20General Secretary of PTI and a senior lawyer.

03:24First I will ask a few questions to Aqeel,

03:26because I have spoken to Salman a little while ago.

03:29I recorded the segment because he had to go to the JUI meeting.

03:33So we said, let's see what he does there.

03:35But Mr. Barrister, let's start with you.

03:37First question.

03:39There is a difference that if the committee has to appoint,

03:45and those who come to the Constitutional Court first,

03:47you have come to the bench, you left the court,

03:49you gave it a name, the Constitutional Division,

03:52maybe you are giving it a name.

03:54If the Judicial Commission of Pakistan has to recommend,

03:57and that bench has to be made, everything has to be done.

04:00So the current condition of the bench commission,

04:04are you free in that?

04:06So are you changing that?

04:08In the name of Allah, thank you very much Mr. Malik.

04:10Look, nothing has reached a final stage yet.

04:14Let's talk about your intentions, what are your intentions?

04:16In that, definitely,

04:18for the appointment of judges,

04:22we have said that the Parliamentary Committee

04:24should have a meaningful, purposeful role.

04:26Two MNAs and two Senators,

04:28and they should have equal representation

04:30from the Senate and the National Assembly.

04:32Here, in this,

04:34the formation of a Constitutional Bench,

04:36because obviously,

04:38it should have the representation

04:40of all the provinces as well.

04:42If Maulana's suggestion was

04:44that the five Senators,

04:46including the Chief Justice,

04:48should have a Constitutional Bench,

04:50of course, we are considering that,

04:52and this is not a big deal.

04:54We have taken the lead

04:56on the People's Party.

04:58Whether it is a Constitutional Court or a Constitutional Bench,

05:00it doesn't make any difference.

05:02Actually, the effect,

05:04the trickle-down effect,

05:06should reach the public.

05:08Because, more than half of the time,

05:10the cases of politicians,

05:12the cases of political affiliation,

05:14which come under the ambit of the Constitution,

05:16those cases eat up,

05:1890% of the time.

05:20And of course, if appeals are not being made...

05:22My question is very simple.

05:24Are you changing the present form

05:26of the Judicial Commission of Pakistan?

05:28It is entirely possible.

05:30I gave you an example

05:32that for the appointment of the Judges,

05:34which was the Government's proposal,

05:36we had a meaningful, purposeful role

05:38and input

05:40that we should not be used as a rubber stamp.

05:42Now, if a Constitutional Bench is formed,

05:44and the representation of all the provinces

05:46is also being discussed,

05:48then it is obvious that

05:50even the ad-hoc Judges,

05:52because there is no representation of any province...

05:54What did Maulana do in this?

05:56We accept the Judicial Commission as a bench

05:58and you reconstitute

06:00the Judicial Commission.

06:02Is Maulana ready for this?

06:04Maulana was on the floor of the House

06:06even for the appointment

06:08of the Chief Justice of Somoso.

06:10He was on the floor of the House

06:12and he said that

06:14the Seniority Principle should not be looked at.

06:16But in this draft, people are saying

06:18that this time, the Chief Justice should be appointed

06:20and these things should be changed

06:22on top of the next CJ.

06:25And it is not final

06:27that three senior posts

06:29or five senior posts

06:31should be appointed

06:33by the Chief Justice.

06:35If we take your formula

06:37then between

06:39Mansoor Ali Shah and Muneeb Akhtar,

06:41forget Muneeb Akhtar,

06:43between Yahya Afridi and Mansoor Ali Shah,

06:45whose chances are more?

06:47Look, for us, all the Judges

06:49are worthy of respect.

06:51They are worthy of respect.

06:53Whatever you say about the Judges.

06:55Did you say that we have to do judicial reform

06:57because all the Judges

06:59are different?

07:01No, we did not claim anyone.

07:03No, we did not claim

07:05that it is ours or theirs.

07:07We never said that.

07:09We have always said

07:11that decisions should be made

07:13according to the law.

07:15Mr. Badriyat, he was your Judge.

07:17Look, I am not saying that.

07:19He is our Judge.

07:21Decisions should be made

07:23according to the law.

07:25Who was a better Chief Justice?

07:27Let me ask you an easy question.

07:29Was Umar Atta Bandiyal a better Chief Justice

07:31or Faiz Issa a better Chief Justice?

07:33Look, I will not comment on this

07:35because they have their own judgments.

07:37I will judge them based on their judgments.

07:39Generally speaking, both are good.

07:41Both are good.

07:43Who is better?

07:45There is no debate

07:47about who is better.

07:49I will judge them

07:51based on their judgments.

07:53As far as I have seen,

07:55both are good.

07:57Really?

07:59You have not issued a notification

08:01yet?

08:03We have a 24-hour deadline.

08:05Some have issued a notification

08:073 months ago, some have issued a notification

08:0920 days ago.

08:11Some have issued a notification

08:134 days ago.

08:15Some have issued a notification

08:17and some have issued a notification.

08:19You are not talking about the future.

08:21If these constitutional amendments are passed,

08:23if there is a change in this,

08:25then we will have to see.

Category

Transcript

Recommended