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Reserved Seats Case | SC Issues Detailed Judgment | PTI vs PMLN | Haider Naqvi's Analysis
Reserved Seats Case | SC Issues Detailed Judgment | PTI vs PMLN | Haider Naqvi's Analysis
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00:00Assalam-o-Alaikum viewers, welcome to the program.
00:03Last day, the Supreme Court has given a detailed judgment by the 8-member majority bench.
00:13We can still hear the voice of the 8-member majority bench.
00:16And we can see that there is a reaction from different parties.
00:21Of course, the legal experts who explain the law are reading this detailed judgment.
00:29And they are connecting different dots.
00:31And they are explaining the impact of this judgment.
00:36The decision has been made very clear.
00:39Especially, now this detailed decision has come forward.
00:42So, does the Election Commission have any option?
00:45Election Commission, viewers, has held the 6th session today.
00:48And the 6th session has also been proven to be ineffective.
00:52The news is that more opinions will be taken from the legal experts and then the decision will be made.
00:59Now let's see when these opinions come and when the members of the Election Commission take the decision.
01:04Viewers, the first reaction we saw came from Pakistan Muslim League Noon.
01:10And that was a very harsh reaction.
01:12They expressed their opinion on the former Twitter.
01:17This is the official Twitter handle of Pakistan Muslim League Noon.
01:21You can call it an ex-handle.
01:22As you know, there is a ban in Pakistan.
01:25But they expressed their opinion.
01:27It is Freedom of Expression using Article 19 and Article 19A.
01:32First, they say,
01:34In the detailed decision of the special sessions,
01:378 judges played with the law by reviving the need.
01:45This is a very hard-hitting statement from Pakistan Muslim League Noon.
01:50They also posted the hashtag of political decision is not accepted.
01:53Political decision is not accepted.
01:55Below is a picture of the Supreme Court.
01:57In the detailed decision of the special sessions,
01:59they played with the law by reviving the need.
02:04Another tweet comes in front of the viewers.
02:078 judges tried to put the special sessions in the lap of such a community that never applied for it.
02:19The total decision on 70 articles is completely against the law.
02:23The action will also come under the category of violation of the law.
02:27Political decision is not accepted.
02:30Viewers, the first point that was raised on this,
02:34that the Pakistan Delegation had never asked for this,
02:39we put it in front of you.
02:41Paragraph number 19.
02:43When this detailed decision came, we were reading it.
02:46We are still reading it.
02:47New things are coming out of it.
02:48In paragraph number 19, it is clearly stated that
02:54During the pendency of these appeals, PTI filed an application seeking its implementation in these appeals
03:01and submitting therein the facts and circumstances under which its return candidates joined Sunithaad Council.
03:07PTI submitted in its application inter-area that PTI issued party tickets to its candidates
03:13which were to be filed by the respective returning officers by 4 pm and on 13 January 2024.
03:20Further, it is explained in this paragraph that
03:23you know that the decision of the Supreme Court comes at 11 pm the next day.
03:28You have to submit your tickets by 4 pm.
03:31All the circumstances were explained in this judgment.
03:35Because of this, there was confusion.
03:38Both Sunithaad Council and PTI took the same stance on the case.
03:43But the clarification that has come in this judgment is that
03:46the Pakistan Delegation had given an application to become a part of this case.
03:52In reference to these seats, it is further explained that
03:55Sunithaad Council and Pakistan Delegation did not express their opinion against each other at any time.
04:01Let me tell you this too.
04:03Both Sunithaad Council and PTI took the same stance on the peculiar circumstances
04:10that led to the return candidates to join Sunithaad Council.
04:13In no way did they make any conflicting assertions.
04:17Both emphasized that it is the right of the people who had voted for the return candidates
04:22that their mandate should be reflected in allocating the disputed reserve seat to SIC or to PTI.
04:30During the hearing of the case, both Sunithaad Council and PTI took the same stance.
04:35Therefore, this argument is made by the government, especially by Pakistan Muslim League and Sunithaad Council.
04:40Sunithaad Council and PTI did not take the same stance.
04:45But you have seen that with 8 members, the other 3 members also agreed that
04:51Pakistan Delegation was present as a political party.
04:56Azam Nazeer Tariq Sahib also held a press conference yesterday.
05:00He expressed the same opinion that was mentioned in his tweets.
05:04According to the current national law, the free candidates who have been considered
05:13cannot leave Sunithaad Council because their action is irreversible.
05:19Election Commission of Pakistan is a mirror institution.
05:22They have also taken the stance that they have to fulfill their responsibilities according to the law.
05:30The scheme in the Pakistan mirror is written in accordance with the law.
05:34If it is ignored, these seats cannot be given.
05:39Now, the decision of the court is otherwise.
05:42The situation is that on one hand, there is the current national law.
05:46On the other hand, there is the court's decision.
05:48Election Commission of Pakistan is a mirror institution.
05:52They can take further clarification.
05:56Yes, it is exactly the same institution.
05:58Obviously, the decision of the Supreme Court directs the Election Commission of Pakistan
06:04to act on our decision.
06:07Mr. Naqeeb, you were not present yesterday.
06:09Yesterday and today, you have heard different commentaries and comments.
06:15Lawyers from all sides, especially constitutional experts, are saying that
06:22as long as this decision does not reverse as a result of a review petition,
06:31you will have to act on it.
06:34There is no other option.
06:36What did you understand about this decision during these 24 hours?
06:40What do you think?
06:43Mr. Naqeeb.
06:45Look, big people are talking.
06:49Courts are talking.
06:51Institutions are talking.
06:52National Assembly is talking.
06:53Big legal experts are talking.
06:55Now, what is the importance of our opinion in front of them?
06:58We look at it from the point of view of the public.
07:02We do not look at it in the depth of the law.
07:05We look at it from the point of view of the public.
07:07Before taking my answer, remember that I have a very clear position on these special sessions
07:14that there is no right of governmental unity on the property.
07:18I have always said this.
07:20Now, this decision was made with respect to our fundamental rights.
07:27If there is any violation of fundamental rights, then who does it?
07:31The institution does it.
07:32The relevant institution eliminates its risk.
07:36Now, what has been said in this?
07:37The Election Commission says to a political party that you are not a political party yet.
07:42Now, by making this decision, you have also opened the way for all those political parties
07:46that you create a free hope and then the National Assembly, because it has become the president,
07:50you come to the Supreme Court and take a decision that this is the hope of your party.
07:54Now, when it comes to fundamental rights, let's talk about it openly.
07:58What are the fundamental rights?
08:00Someone is killed in blasphemy.
08:03And after that, the Supreme Court says keeping this decision in mind,
08:06because a majority of the public knows that he has done wrong, so he killed him.
08:11He did the right thing.
08:12You come to the door of the Supreme Court, take 50,000 people and break the door.
08:17Keeping this decision in mind, the Supreme Court says,
08:19because 50,000 people want to break the door, so they broke it.
08:24So you have to see that if you talk about fundamental rights,
08:27then let the risk of the institution be eliminated.
08:31If you don't let the risk of the institution be eliminated,
08:34then how will your risk be eliminated?
08:36Ask yourself this question.
08:38Don't ask us.
08:40Mr. Naggi, we fully respect your opinion.
08:44You can give your opinion on any issue.
08:47But when we follow the facts, it is my responsibility to clarify it.
08:53When you said that Kaladam is a community,
08:58they are free to join them.
09:01Kaladam is Kaladam.
09:03It is not even listed.
09:05There are a lot of Kaladam communities that the Supreme Court has not declared as Kaladam.
09:09Sir, I am saying the same thing.
09:11When Kaladam happens, no one can fight its election.
09:14The Election Commission cannot accept it.
09:17Let's leave Kaladam, the communities that the Election Commission has not declared as Kaladam.
09:22Viewers, the Supreme Court has answered this question.
09:27This is paragraph number 58.
09:29Let me read it out to you.
09:31It is further clarified that when office bearers of a political party are elected under Section 208 of the Election Act,
09:37in accordance with the party's constitution and a certification to that effect is submitted to the Commission under Section 209,
09:45the newly elected office bearers de facto assume the functions of the party until the Commission accepts or rejects the elections.
09:53Upon acceptance...
09:55Sir, let me come to you.
09:57Please answer this question.
09:59Please answer this question.
10:01Please answer this question.
10:03Okay.
10:05Upon acceptance, they also assume the functions of the party de jure.
10:09So, because the Pakistan Tariq-e-Insaf, the political party as a registered party, is still a part of today's history.
10:19So, in this detailed judgment, the majority judgment says that a party has held an election.
10:25If there are any issues in that election, then it is the right of the Election Commission.
10:30It can object to it.
10:32But because of the objections, the status of the party, or its party as itself, does not end.
10:40Please comment on this.
10:42Let's find a solution to this too.
10:45The biggest demand of the Tariq-e-Insaf is that a new election should be held.
10:49You think that Azad Arqan is from PTI.
10:52You are confident.
10:54You are adamant on this.
10:55You resign and go for the election.
10:57There will be a new election atmosphere in the whole country.
10:5990 people will be fighting for the election.
11:01They will win by the majority of votes.
11:03PTI will get milk and water.
11:05Can you do this?