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"Speaker Ka Letter Election Commission ko Toheen Contempt of court Say Bachane ki Chaal..." Barrister Umair Khan Niazi
"Speaker Ka Letter Election Commission ko Toheen Contempt of court Say Bachane ki Chaal..." Barrister Umair Khan Niazi
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00:00Welcome back, after the establishment of this government, we are still seeing that the challenges
00:05are being faced by the law and the government is still in a firefighting mode.
00:09There is no settlement after the elections.
00:11If we look at the age of power, there is a kind of peace after the elections.
00:16For now, it is not there.
00:17The issue of special seats has become hot again.
00:20On September 19, Speaker National Assembly Ayaz Sadiq wrote a letter to Chief Election Commissioner
00:24Sikandar Sultan Raja, in which the allotment of special seats has been appealed.
00:29The Speaker National Assembly wrote in his letter that the Supreme Court has instructed
00:32the Election Commission in its decision to allow Azad Arqan to join another party.
00:38The letter said that according to the act, the candidate who did not give a party certificate
00:43with a paper nomination will be considered free and that free candidate who has become
00:47a part of a political party is not allowed to change the party.
00:51The Speaker National Assembly wrote in his letter that the Supreme Court's decision
00:56to allow Azad Arqan to join the party was under the previous act, which is no longer
01:01applicable.
01:02Now the amended Election Act will remain.
01:04After this, the party position has changed in the National Assembly.
01:07If we look at it now, if we take out 15 seats of Pakistan Muslimi Nawaz, then their total
01:15becomes 110 seats.
01:16If we do not keep 5 reserve seats of People's Party, then it is 69.
01:20The United National Movement is Pakistan's 22nd.
01:23Pakistan Muslim League, Isteqam Party, Pakistan Muslim Zia, we are looking at all of them
01:28as 4-1-1 seats.
01:30The Sunni Jihad Council has 80 seats at the moment and the independents backed by Pakistan
01:35Tariq-e-Insaf are close to 8.
01:37We will talk about this in the section of the program.
01:40Mr. Umair, you are saying that the previous decisions will not be applied.
01:43The current Election Act will remain.
01:45Tariq-e-Insaf's membership was appointed in the personal decision, which was also in
01:49the original decision.
01:50But will it not apply to the previous decisions?
01:53Will the Supreme Court's decision be applicable to the current situation?
02:03This is a completely wrong letter issue.
02:07This has been done completely against the law.
02:10If there is not a law, you are saying that an interpretation of a law was made in the
02:16decision of July 20, that there is a system of proportional representation in the country.
02:21The Election Commission misinterpreted the PTI in the case of the symbol.
02:26They took away the symbol as soon as the party ended and denied the PTI candidates
02:31the status of being PTI and declared them all independent.
02:35Keeping all this in mind, they gave a decision and said that these are all PTI candidates.
02:41And you saw that the Election Commission was called for a follow-up.
02:44Then a short order came and it was reiterated again that all these PTI candidates should
02:50be notified.
02:52Now, because the Election Commission was adamant, it was not implementing this thing.
02:56Now, to give a window to the Election Commission, a legal move has been made to create protection
03:01for them.
03:02However, if you look at it, even if it had to be undone, then you see that it is based
03:07on judgment on Article 51.
03:09Have they amended Article 51?
03:11The reference they are giving is that it will not be applied.
03:16Even today, Article 51 6D is standing there.
03:19There is a system of proportional representation in the country.
03:22Reserve seats have to be given according to the general election seats.
03:27So, it is being done to undo that.
03:29And it is being done at this stage because the objective is to somehow protect the Election
03:34Commission from the contempt of the Supreme Court.
03:37So, to pass this constitutional amendment, another window has to be created for that
03:42also.
03:43Because they are trying their best to somehow get the notification from the Speaker again
03:47which was given to the women of the Noon League and People's Party earlier.
03:51So that they can create another chaos.
03:54But all this is being done which they have got an imported unconstitutional constitutional
03:59amendment.
04:00This is not a settlement, Mr. Rana.
04:02We have seen that the Supreme Court has made a very clear decision regarding the specific
04:07issues at this time.
04:08And this is a majority decision.
04:10Mansoor Ali Shah, who will be the new Chief Justice in this country after 25 or 35 days,
04:16has written it.
04:17This is a majority decision.
04:19Now, the government has written a letter against it again.
04:22Is this a direct confrontation?
04:24Will you not come to the point?
04:27No.
04:28Look, when Section 63A was introduced, we understand that the trichotomy of powers was
04:34violated.
04:35Because according to the Constitution, the Supreme Court cannot re-write the Constitution.
04:41And as a result, the Punjab government ended.
04:46And then there was a lot of re-election in seats.
04:51So, it was being favored.
04:53It was a straight-forward rejection.
04:56The introduction of Section 63A was unconstitutional.
05:00It was done.
05:01Now, its appeal is pending.
05:03Apart from that, the decision that is being discussed now, regarding the reserve seats,
05:08there was no petitioner in it.
05:10There was no demand of PTI to give them seats.
05:15It was all a matter of the Sunni Council.
05:18And there too, they were brought to the plate and things were brought.
05:22Keeping this in mind that you have to deposit tickets.
05:28If you don't deposit tickets, then according to the Election Act, you can't call it that party later.
05:34Keeping in mind that within a time frame, you have to join the party.
05:38They join the Sunni Unity Council.
05:40They deposit affidavits.
05:42Now you say, yes, put them in that Jamaat.
05:45So, the legislation that was implemented in the Parliament,
05:48it was not a new legislation.
05:50The old laws that were already in place, they were reinforced.
05:55So, Mr. Rana, the Supreme Court's majority decision,
05:59which has been later made into a legislative decision,
06:01you are disregarding it.
06:03You feel that it should not be implemented.
06:07Is this where your government stands right now, on this issue?
06:10Look, the thing is that the law is supreme.
06:13And the body that makes the law is the Parliament.
06:17And the law that the Parliament has amended in the Election Act,
06:21it stands today.
06:23And if you have to follow it, then this decision is also a rewriting of the Constitution.
06:30So, I think the Speaker has taken a very good step.
06:34And the supremacy of the Parliament should be established.
06:39And should you get those seats or should the SIC not get them?
06:42That is also fine. Or should you get them?
06:44Look, whatever our opinion is,
06:47No, I want to ask, I want to know the clarity.
06:50Is your opinion that they should not give the seats to the SIC,
06:53they should not give them to us,
06:54or is it your opinion that they should give them to us?
06:56No, look, the Jamaats that have collected their lists according to the law,
07:02within the time frame,
07:04and those who have elected a party that has not even fought an election,
07:11and those who have not collected their seats,
07:14then definitely the pool that is left,
07:17the pool that has followed its procedure according to the law,
07:23then in them, equitably, proportionately,
07:26Sir, then the principle of proportional representation will be violated, right?
07:30That it will not be done this way.
07:31How is it proportional representation?
07:33How is it proportional representation?
07:34When the people who fought the elections,
07:39they will be proportionately distributed within them.
07:42This is our position.
07:43Okay.
07:44This is our position.
07:45Absolutely. And the election commission also supported this position.
07:48The Peshawar High Court also supported it.
07:50Later, the kind of decision the Supreme Court made,
07:52that is in front of you.
07:54And our position on that is also very clear.
07:56Sir, the issue is that you make political statements,
07:59you also explain your point to people,
08:01but in the court, or in legal matters,
08:03you are left with no choice.
08:05Recently, the 8 people who are free,
08:07you are giving the affidavits one by one,
08:10but you have to make the final arrangements for them, right?
08:13The remaining 41 people whose affidavits were declared,
08:17there is a possibility of a 63A application.
08:21Out of the 8 people,
08:22out of the 3 people,
08:23you had a doubt that they might go to the other side and vote.
08:26They did not have a 63A application.
08:29So, you have to make some legal arrangements.
08:34Yes, you are absolutely right.
08:37These were 8 people.
08:38See, we had intentionally kept 4 people out of this process.
08:42Because, see, the election commission,
08:44as I mentioned earlier,
08:46misinterpreted the case with the symbol.
08:48Due to which, we had to park our people, time being.
08:51Of course, we also knew about the Constitution's scheme of things,
08:55that all people will be pressurized.
08:56So, we parked them in the SIC.
08:58But those 4 people were saved because
09:00even in the PTI, they had to keep their offices.
09:02They had to run that structure.
09:03The remaining 4 people were such that their results came late.
09:06If you take the example of Shabbir Qureshi,
09:08he came to the Parliament after 2 months.
09:10The results of these people were delayed.
09:12Because of which, they were left in that process.
09:14If they had come to the Parliament from day 1,
09:17they would have also been a part of the SIC.
09:19This was not the intention,
09:21that they were intentionally omitted.
09:23The circumstances were such.
09:24But later, the affidavits were taken from them.
09:26And now, as you have seen,
09:28yesterday, Mr. Ghumman's affidavit came in front of everyone.
09:31That whole process has been completed.
09:33Right.