SC issues detailed judgement in reserved seats case - Justice(r) Shaiq Usmani's Legal Analysis

3 months ago

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Transcript

00:00It is clear that if the Supreme Court gives a judgement and the government or any party does not accept it,

00:13then it has only one way to avoid it and that is to go for a review.

00:19There is no appeal against the Supreme Court's judgement.

00:23There can only be a review petition.

00:25It is discretionary to allow a review petition.

00:29If the Supreme Court wants, it can allow it. If it wants, it cannot.

00:33Usually, 75% of review petitions are dismissed in the Supreme Court.

00:40They do not accept it.

00:41It is very important for a review petition to show that a particular legal point has been ignored

00:49or that the Supreme Court has missed something that was visible,

00:59then the Supreme Court will hear the review petition.

01:02This is an established rule.

01:04Otherwise, the Supreme Court's judgement is final.

01:07Now, the things that you have told me, that the Law Minister is saying and others are saying,

01:14this is all a legal debate.

01:16The review petition filed by the PMLN, PPP and the Election Commission,

01:25this review petition should be filed tomorrow and all these points should be pointed out.

01:32The Supreme Court will accept the review petition to hear it.

01:37If the Supreme Court accepts it, then you can request the Supreme Court

01:44to pass an interim order and suspend this detailed judgement.

01:52Then you can hear the review petition and then you can pass whatever you want.

01:55If the government uses this method, then it can be beneficial for them.

02:01Otherwise, if the Supreme Court does not go to them and does not suspend this detailed order,

02:12then the Election Commission or the government has no choice but to implement this judgement.

02:20No matter how many shortcomings it has, they can bring those shortcomings in the review petition.

02:26Otherwise, they cannot do it.

02:28If they do it, then it will become a kind of legal debate.

02:32Judge sahab, in this detailed judgement, you must have seen that there was a minority disagreement

02:40from the two judges.

02:42They made it very clear that the majority decision is against the law and is not practicable.

02:53So, in the detailed judgement, it has also been said that this is not a good way.

02:59I just want to know from you that in Pakistan's judicial history,

03:04have there been any such incidents where judges have said in their dissenting notes

03:08that the majority decision is against the law and should not be implemented?

03:13This is wrong. They should not do it.

03:18Even if they do it, it does not make any difference.

03:23Because the rule of the Supreme Court is that the majority decision is considered the same.

03:31The decision of the minority judges has no time.

03:36It can be used in the review petition, but the decision cannot be changed.

03:44Judge sahab, I have Hassan Ayub with me.

03:47Mr. Chaudhary Ghulam Sain, first I will ask Hassan Ayub.

03:49Hassan, we will comment later.

03:51You can ask a question to Judge sahab.

03:53Sir, thank you very much.

03:55I would like to ask you that the decision given by the Supreme Court of Pakistan

04:00regarding the special sessions,

04:02the Law Minister, the Attorney General, and all other legal experts have said

04:07that the Supreme Court inherits its power from the Pakistan's judiciary

04:11and the Supreme Court of Pakistan does not have the power to amend the law in Pakistan.

04:16So, the decision that was made by Moses R. Disis,

04:18he rewrote the law, which was the power of the parliament,

04:21and used his judicial power.

04:24Do you see it this way or do you have a different point of view on this decision?

04:29Look, the thing is that what they are saying is definitely a point

04:35which can be brought against that judgment.

04:39But their forum is a review petition.

04:42Their forum is not a press conference.

04:45Their forum is not that we will not do this, they will not do that.

04:48We cannot say that.

04:49Because if someone can change their decision,

04:52the Supreme Court can do it.

04:54And the Supreme Court will do it in the same way

04:56if it accepts the review petition and suspends the judgment.

SC issues detailed judgement in reserved seats case - Justice(r) Shaiq Usmani's Legal Analysis

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