President SC Bar Shahzad Shaukat reacts to SC detailed verdict on reserved seats case

ARY NEWS

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00:00It is not possible in any society.

00:05The Supreme Court's larger bench has given a judgment.

00:08We were all eagerly waiting for detailed reasoning from that judgment.

00:13And we have read that judgment.

00:16The government may have many objections to it.

00:20There is no such thing in the reasoning.

00:26There are many deviations.

00:30But the implementation cannot be stopped.

00:35Unless a review is filed.

00:37And then the Supreme Court's bench sits and gives a judgment.

00:41But the review has been entered.

00:44And I think the best way to resolve this issue is to fix the review.

00:53But Mr. Shehzad, the practice you have practiced for so many years.

00:56Do the decisions of the review come drastically or dramatically different?

01:00Or more or less, the decisions of the review come under the same scrutiny?

01:04What is your experience?

01:06In the review, 99% Supreme Court does not differ from its decisions.

01:13And the parameters of the review that are given in the constitution.

01:18If there has been a lot of injustice.

01:22Or if there has been a lot of controversy.

01:25Or if the judge has spoken against the law.

01:29Then the review applies to that.

01:32Now, both sides have their own opinions.

01:38But that judgment.

01:41Because we were eagerly waiting for a detailed judgment.

01:44A detailed judgment has come.

01:46In that, a lot of things are asked for clarification.

01:51And a lot of things have been said with great respect.

01:55Which may amount to rewriting the constitution.

02:00Can you point out specifically?

02:02So that there is more clarity.

02:04This 70-page judgment will be very long.

02:07But a lot of things have been said in it.

02:10We are seeing that.

02:13It is being said that even if someone did not come.

02:17And he did not come and ask for relief.

02:22Still, the Supreme Court can give him relief according to its wishes.

02:28This is something which is new to us.

02:30But Mr. Shaukat, the court has written this.

02:35They have said that in this detailed judgment of PTI.

02:38That they had a request in front of us.

02:41They would have decided on the request.

02:44They said that a request has come to us.

02:46We are not accepting the request.

02:48And although these people who were in support of PTI.

02:56They gave a declaration that we have joined SIC.

03:00But in reality, the mandate was of PTI.

03:05I am saying all these things because this is the best way.

03:12That they fix the review immediately.

03:14And do you think that the government can get a margin in the review?

03:19Can they get any benefit if they go in the review?

03:22I have said again that the ratio of the Supreme Court in the review.

03:27It is 99% to uphold the judgment.

03:30There is not much of a leeway.

03:32But at least, the talks that are being done.

03:36They will be set to rest.

03:38And this is the best thing at this time.

03:43That we fix the review.

03:45And remove the excuse in someone's mind.

03:48So that the state of implementation of this judgment.

03:51If it is not reviewed immediately.

03:54Then there will be no option left with the Election Commission.

03:58Yes, there is another angle in this.

04:00That angle is a very difficult question.

04:03Because the amendment act that has come.

04:06Under the election laws.

04:09Obviously, there was no discussion in this judgment.

04:12Now that act has to make its way in the law.

04:16The judgment of the eight-member bench.

04:21It has its own implications.

04:23So we are heading towards another complex situation.

04:26And what is the method of this, Mr. Shahzad?

04:28Because you have practiced so much.

04:30Until the detailed judgment does not come.

04:32Until the decision of review does not come.

04:34Can you withhold its implementation?

04:37That is, the Election Commission.

04:39No, this should not be taken in this way.

04:42The short order of the Supreme Court.

04:45Is entitled to equal respect.

04:48This is not the case.

04:49The point is that there was a misunderstanding.

04:53In the interpretation of the Election Commission.

04:55There was a misunderstanding in it.

04:57Which he wrote a letter.

04:59The request was made to clarify it.

05:02Number one.

05:03Number two, a law has come in the middle.

05:05The amendment act has come.

05:06That amendment act is still the legal law of this country.

05:10Now, the Election Commission.

05:12Obviously, it is standing between a judgment.

05:17And the law of the land.

05:19Now, who is he going to go to?

05:21I think the bench should sit down and clarify this.

05:25A letter has been written to the Election Commission by the Speaker.

05:29Who should the Election Commission comply with?

05:32On the judgment of the Supreme Court?

05:34Or on the letter written by the Speaker?

05:35I have a specific question.

05:36I have a specific question.

05:37The Speaker's letter.

05:38Look.

05:39Legally, it may be important.

05:42But legally, it does not look like a request.

05:45Now, the point is that the Speaker has also said that.

05:48This country's amendment law.

05:50In which these people do not have the authority.

05:53That they can claim allegiance with any other party.

05:58Now, this is a law that has been made.

06:01Now, the legality of that law.

06:04Obviously, it was not said in detail in the judgment.

06:07And it should not have been said.

06:09At that time, this amendment had not come.

06:12Now, an anomalous situation has been created.

06:16And the best solution to this is that.

06:19By reviewing, these matters have been decided.

06:22Okay.

06:23One more issue that is there.

06:25That is the ordinance that has been brought.

06:26The law of practice and procedure.

06:30Today, we saw that.

06:32Mansoor Ali Shah did not become a part of that committee.

06:35He left.

06:36The bench was formed in his absence.

06:38And along with that, his letter has come forward.

06:40In which he has asked questions.

06:41And he said that this ordinance should be brought.

06:43First, this should be discussed.

06:44How has this law been implemented?

06:47So, this is also a new complication for you people.

06:50Before its implementation.

06:52His letter raises a lot of questions.

06:55But what we understand.

06:57As a very humble student of law.

06:59When an ordinance is promulgated.

07:01Then it is the law of this country.

07:04Okay.

07:05Now, that ordinance has been challenged.

07:09The courts will decide on it.

07:11But today.

07:13As of today.

07:15It is the applicable law of the country.

07:18Now, Mansoor's letter.

07:21There are a lot of things in it.

07:23But this insistence that this law should not be implemented.

07:28Maybe Mansoor can give a better answer.

07:33But I understand that the ordinance.

07:36The Supreme Court has already expressed its objection.

07:39Yes.

07:40On the implementation of this ordinance.

07:42But with our regret.

07:44That law will not change.

07:46Until the government presents it in the assembly.

07:50Or the court decides on it.

07:52Thank you very much.

07:53Mr. Shahzad Shaukat.

07:54Member of the Supreme Court.

07:55Was present with us.

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