"Constitutional Amendment Parliament Ka Haq Hai...", Azam Nazeer Tarar

ARY NEWS

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Transcript

00:00There are two basic amendments in the Election Act, which are still in place as part of the national law.

00:06First of all, it is clear that a judicial decision can be given an opinion, a point of view can be given,

00:16but if it is said that there is a clear position on it, then I think that within the bounds of law,

00:22that point goes to someone else.

00:25Being a student of law, there are a few new things for me in this decision.

00:30The first thing is that whatever was said in the short order, it was to be done in the same domain.

00:38So the first thing is that there is no comment on the amendments that the parliament made in the laws,

00:47using their right to legislate, there is no comment on them, there is no decision on them.

00:57And it should not be, because it is an independent situation, which can only be dealt with in independent proceedings.

01:04So today the fact is that the two basic amendments made in the Election Act,

01:11Section 66 and 104A, are still in place as part of the national law,

01:20in which the parliament made this law, which is the intention of Article 51 and 106 of the Act,

01:28that after winning the election, within three days, if you are elected as an independent person,

01:37then you have to join a political party within three days, and that is now irreversible under the law.

01:44So the fact of reversing the clock, the national law says that it is not possible.

01:49Article 51 also says that the distribution of seats will be according to the law,

01:57in accordance with the law, the word used, and this is also said in Article 106, which deals with the provincial assemblies.

02:03So that situation is still the same.

02:06The Supreme Court has its own decisions.

02:10In 1993, the case of Molasses, we call it the leading judgment, and after that there were many decisions,

02:16in which Baz Mohammad Kakkar's decision is also included.

02:19That the right to legislate in the parliament is complete,

02:25and the judicial decisions will be in accordance with the laws of the parliament,

02:31the laws made by the legislature will be in accordance with those decisions.

02:37It will be its superiority.

02:39So if you look at it in that context, then the situation is as it is.

02:43Another thing came from somewhere, I got a call from two or three places,

02:47that Nazar-e-Sani has become ineffective.

02:50It has not become ineffective at all.

02:52It gives you a right in accordance with the law.

02:56It is also mentioned in the Supreme Court rules and in your practice procedure.

03:00So it is an independent right, and the review applications of the political parties have been read,

03:06and they have been read on very valid grounds.

03:08And today's detailed decision has strengthened those requests of Nazar-e-Sani.

03:14Because as it was being seen that these were 183 proceedings,

03:20that is, the regular proceedings started from below, from the Election Commission of Pakistan.

03:26Then that decision was challenged in the Peshawar High Court,

03:29and from there, from 5 to 0, the larger bench of the Peshawar High Court

03:33upholded the decision of the Election Commission,

03:35and they said that this is the absolute correct application of the laws of Pakistan.

03:40Article 51, Article 106, Section 66, Section 104, and the relevant rules of 2017,

03:50according to them, this is the correct decision.

03:52So in such a situation, the court did not convert it even in 183,

03:57that is, the Supreme Court did not take that notice during the proceedings,

04:01and there is still no mention of it in the detailed decision.

04:04Now, Article 187, which gives the right of complete justice,

04:08that the Supreme Court can pass any order,

04:10on that, the Supreme Court of Pakistan has its own judgments.

04:13And they say that there are some things, like there is some technical obstruction,

04:18there is some procedural thing,

04:20there is some matter that the Supreme Court should pass such an order to remove ambiguity,

04:25which it finds appropriate.

04:27But the independent of proceedings, that will not happen,

04:32there will be no in-isolation.

04:34And the nature of these proceedings,

04:36in this, because it is 185-3,

04:39the CPC applies in this, that is, which parties are in front of the court,

04:43who has come to ask for relief,

04:45who has filed their case,

04:48and what is the prayer,

04:50what is the prayer,

04:52these decisions are made based on that.

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Transcript

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