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Host: Khawar Ghumman
Analyst: Chaudhry Ghulam Hussain, Hassan Ayub, Haider Naqvi
Follow the ARY News channel on WhatsApp: https://bit.ly/46e5HzY
Subscribe to our channel and press the bell icon for latest news updates: http://bit.ly/3e0SwKP
ARY News is a leading Pakistani news channel that promises to bring you factual and timely international stories and stories about Pakistan, sports, entertainment, and business, amid others.
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NewsTranscript
00:00Assalam-o-Alaikum, welcome to the program.
00:22Today, the Supreme Court has given a detailed judgment by the eight-member majority bench.
00:32We can still hear its voice and we can see the reaction from different parties.
00:40Of course, the legal experts who explain the law are reading this detailed judgment
00:48and connecting different dots.
00:50They are explaining the effects of this judgment.
00:55The decision has been made very clear.
01:01So, what option does the Election Commission have?
01:04The Election Commission held its sixth session today.
01:07And the sixth session has also proved to be ineffective.
01:11The news is that more opinions will be taken from the legal experts and then the decision will be made.
01:18Let's see when the decision will be taken by the members of the Election Commission.
01:23Viewers, the first reaction we saw was from Pakistan Muslim League Noon.
01:28And that was a very harsh reaction.
01:30They expressed their opinion on former ex-Twitter.
01:36This is the official Twitter handle of Pakistan Muslim League Noon.
01:39You can call it an ex-handle.
01:41Although you know that there is a ban in Pakistan.
01:43But they expressed their opinion.
01:45They used Article 19 and Article 19A.
01:50First, they said,
02:03This is a very hard-hitting statement from Pakistan Muslim League Noon.
02:08They also used the hashtag of not accepting political decision.
02:12This is a picture of the Supreme Court.
02:16They used the hashtag of not accepting political decision.
02:18They once again used the hashtag of not accepting political decision.
02:23And here's another tweet.
02:26Eight Imranists have tried to put specific sessions in the lap of a community that has never asked for it.
02:38The total decision on 70 articles is completely contrary to the constitution, which will also be subject to the constitution.
02:46The political decision is unacceptable.
02:49Viewers, the first point that has been raised on this is that Pakistan Tariq-e-Insaf has never asked for it.
02:58We put this in front of you.
03:00In paragraph number 19, when this detailed decision came, we were reading it.
03:05We are still reading it. New things are coming out of it.
03:07In paragraph number 19, it is very clearly stated in this judgment that
03:13During the pendency of these appeals, PTI filed an application seeking its implementation in these appeals
03:20and submitting therein the facts and circumstances under which its return candidates joined Sunithaad Council.
03:26PTI submitted in its application inter-area that PTI issued party tickets to its candidates,
03:31which were to be filed by the respective returning officers by 4 pm and on 13 January 2024.
03:39Further, it is explained in this paragraph that you know that the decision of the Supreme Court comes at 11 pm the next day.
03:46You have to submit your tickets by 4 pm.
03:50All the circumstances have been explained in this judgment, due to which this confusion remained.
03:57And the poor Pakistan Tariq-e-Insaf did not stay here or there.
04:02But the clarification that has come in this judgment is that Pakistan Tariq-e-Insaf had given an application to become a part of this case.
04:11In reference to these seats, it is further explained that Sunithaad Council and Pakistan Tariq-e-Insaf did not express any opinion against each other at any time.
04:21Both Sunithaad Council and PTI took the same stance on the peculiar circumstances that led to the return candidates to join Sunithaad Council.
04:31In no way did they make any conflicting assertions.
04:36Both emphasized that it is the right of the people who had voted for the return candidates
04:41that their mandate should be reflected in allocating the disputed reserve seat to SIC or to PTI.
04:48That is, during the hearing of the case, PTI and Sunithaad Council were of the same opinion.
04:53Therefore, this argument is made by the government, especially by Pakistan Muslim League Noon,
04:58that Sunithaad Council was there, PTI was not there.
05:03But it is obvious that with 8 members, the other 3 members also agreed that Pakistan Tariq-e-Insaf was present as a political party.
05:15Azam Nazeer Tariq-e-Insaf held a press conference yesterday and expressed the same opinion in his tweets.
05:23According to the current national law, the free candidates who have been considered cannot leave Sunithaad Council
05:35because their action is irreversible.
05:38Election Commission of Pakistan is a legislative body.
05:41The resolution they have taken states that they have to fulfill their responsibilities in accordance with the law.
05:49The scheme in the Pakistani legislature states, in accordance with law.
05:53If that is disregarded, these seats cannot be given.
05:58Now, the decision of the court is otherwise.
06:01The situation is that on the one hand, there is the current national law,
06:05on the other hand, there is the decision of the court.
06:07It is a legislative body that has to examine this issue.
06:11They can also take further clarification.
06:14Yes, it is exactly the same body.
06:17Obviously, the decision of the Supreme Court directs the Election Commission of Pakistan to act on our decision.
06:25Mr. Naqeeb, you were not present yesterday.
06:28Yesterday and today, you have heard various commentaries, comments, and explanations.
06:34Lawyers from all sides, especially constitutional experts, are saying that as long as this decision is present,
06:44this decision is not reversed as a result of a review petition,
06:50you will have to act on it.
06:53There is no other option.
06:55Mr. Naqeeb, what did you understand about this decision during these 24 hours?
06:59What do you think, will the matter be resolved or will it continue?
07:03Mr. Naqeeb.
07:04Yes.
07:05Look, big people are talking, courts are talking, institutions are talking,
07:10the National Assembly is talking, big legal experts are talking.
07:14Now, what is the importance of our opinion in front of them?
07:17Let us look at it from the point of view of the public.
07:21We do not look at it in the depth of the law.
07:24We look at it from the point of view of the public.
07:26Before taking my answer, remember that I have a very clear position regarding these special sessions
07:33that there is no right of governmental unity on the issue of bribes.
07:37I have always said this.
07:39Now, this decision was made regarding our fundamental rights.
07:45If there is any violation of fundamental rights, then who does it?
07:50It is done by the institution.
07:51It is done by the institution which is related to the issue of bribes.
07:55Now, what has been said in this?
07:56The Election Commission tells a political party that you are not a political party yet.
08:01Now, you have opened the way for all those political parties by making this decision
08:05that you should create a free candidate and after that the National Assembly,
08:08because it has become the president, you should come to the Supreme Court and take a decision
08:11that this is the candidate of your party.
08:13Now, when it comes to fundamental rights, let us talk about it openly.
08:17What are fundamental rights?
08:19In blasphemy, someone is killed and after that the Supreme Court,
08:23keeping this decision in mind, says that because a majority of the people knows that he has done wrong,
08:29so he killed him, he did the right thing.
08:31You come to the door of the Supreme Court with 50,000 people and break the door.
08:35Keeping this decision in mind, the Supreme Court says that because 50,000 people want to break the door,
08:41so they broke it.
08:42So, you will have to see that if you talk about fundamental rights,
08:46then the institution is responsible for it.
08:48If you don't let its rights be violated, then how will your rights be violated?
08:55You should ask yourself this question.
08:57Not us.
08:58Okay.
08:59Mr. Naggi, we fully respect your opinion.
09:03You can give your opinion on any issue.
09:06But when we follow the facts, it is my responsibility to clarify it.
09:12When you said that there is a Kaladam Jamaat,
09:17and they are free to join it.
09:20Kaladam is Kaladam.
09:21It is not even listed.
09:24There are many Kaladam Jamaats who have not been declared as Kaladam by the Supreme Court.
09:28Sir, I am saying the same thing.
09:30When Kaladam is done, no one can fight its election.
09:33The Election Commission cannot accept it.
09:36Okay.
09:37You leave Kaladam, the Jamaats that have been declared by the Election Commission.
09:40The Supreme Court has answered this question.
09:45This is paragraph number 58.
09:47Let me read it out to you.
09:49It is further clarified that when office bearers of a political party are elected under Section 208 of the Election Act,
09:55in accordance with the party's constitution and a certification to that effect is submitted to the Commission under Section 209,
10:03the newly elected office bearers de facto assume the functions of the party until the Commission accepts or rejects the elections.
10:11Upon acceptance...
10:13Sir, I am coming to you.
10:15Sir, I am coming to you.
10:17I will give you an answer.
10:19You are on it, so you will not understand.
10:21I will give you an answer.
10:22Upon acceptance, they also assume the functions of the party de jure.
10:27So, because the Pakistan Tariq-e-Insaf, the political party as a registered party, is still a part of today's history.
10:37So, in this detailed judgment, the majority judgment states that a party has held an election.
10:44If there are any issues in that election, then it is the right of the Election Commission to raise objections.
10:50But because of raising objections, the status of the party, or its party as itself, does not end.
10:58You comment quickly, then I will move ahead, Mr. Nabi.
11:01Look, let's find a solution to this too.
11:04The biggest demand of Mr. Tariq-e-Insaf is that a new election should be held.
11:08You think that Azad Arqan is from PTI.
11:10You are confident.
11:12You are very adamant on this.
11:14You resign and go to the elections.
11:16There will be a new election atmosphere in the whole country.
11:18You will win with a majority of 10-10 lakh votes in the hands of PTI.
11:22Milk will become milk and water will become water.
11:24You do it.
11:25Okay, this is a political opinion.
11:27Obviously, people must have heard your opinion on this.
11:30Viewers, let's move ahead.
11:32Rana Sinawala and Salman Akram Raya have a meeting tomorrow.
11:37Is this decision of the Supreme Court final?
11:41Does anyone have the power other than the Supreme Court to decide on the interpretation of the constitution?
11:47Let's listen to the views of our respected politicians.
11:52It is not written anywhere in the constitution that the constitution will be what the Supreme Court says.
11:59The Supreme Court has written the interpretation of the constitution.
12:03No, where is it written? Tell me.
12:05Open Article 189.
12:07It is not written in Article 189.
12:09Read Article 5 and Article 189.
12:12See, it is written. I assure you.
12:15Otherwise, the court will make fun of you.
12:17Secondly, all the courts will be subject to the decisions of the Supreme Court.
12:26The word parliament is not written here.
12:28Parliament is not subject to the Supreme Court.
12:31The Supreme Court is subject to the constitution.
12:35Mr. Rana, I have a question.
12:42Mr. Rana, I have a question.
12:53Senator Irfan Siddiqui has expressed his opinion following the party line.
12:59He is saying that the eight-point judicial decision has raised a very serious question.
13:05If a decision is clear about the constitution and ignores two points and unambiguous doubts,
13:11or if they are forced to write their own will and determine the results of their own will,
13:17then what is the parliament doing to make the constitution and law and swear by their preservation?
13:22They should accept the constitution or a decision contrary to the constitution.
13:28Article 189 and Article 190 have been mentioned.
13:34Article 189 states that any decision of the Supreme Court shall,
13:40to the extent that it decides a question of law,
13:43or is based upon or enunciates or explains the principle of law,
13:50be binding on all other courts in Pakistan.
13:53Article 190 states that all executive and judicial authorities throughout Pakistan
13:58shall act in aid of the Supreme Court.
14:12According to the law and constitution, if we look at the constitution by book,
14:19it states that under Article 189 and Article 190 of the Constitution of Pakistan,
14:26all institutions and all individuals are bound to act in aid of the Supreme Court of Pakistan.
14:33There is no other opinion in that.
14:37And with this, Justice Mansoor Ali Shah has written his own judgment.
14:42You must have heard his statement. Let's listen to it again.
14:50It is never possible for the judgment of the Supreme Court not to be implemented.
14:54This would be a violation of the constitution if this is thought of.
14:57Because the executive institutions have to recognize that they have no choice
15:01but to comply with the orders of the Supreme Court.
15:04I am not saying this. The constitution is saying this.
15:06No one has a choice to say that this is not right or wrong.
15:10The constitution says that this is a judgment and this judgment has to be implemented.
15:13This is the way.
15:14Or they can change the whole structure and make something else.
15:17But according to the structure of the constitution, this is the position.
15:21And it cannot be disregarded or delayed.
15:24Otherwise, you will ruin the whole legal system.
15:28No one has a choice but to second-guess whether this judgment is right or wrong.
15:32This is not even its prerogative.
15:34The prerogative is of the Supreme Court.
15:36The Supreme Court has decided that it has to be implemented.
15:39That is the system of this country.
15:41That is the constitution of this country.
15:43This is a duty. This is a constitutional duty.
15:46And it has severe consequences if you do not implement it.
15:51Chaudhary Ghulam Sahib, that is the system.
15:53That is the constitution of the country.
15:55That is how the constitution of Pakistan explains it.
15:59Then how should we move forward, sir?
16:02We will not move forward like this.
16:04You will have to come to the law and the constitution.
16:07Whether you like the decision or not.
16:10When the majority of the 8 regions has given the decision,
16:13then act on it.
16:14If you have any objections, you can go there.
16:17Your decision was contrary to the requirements of the law.
16:24Viewers, our Tahiyyat guide, Mr. Nawaz Sharif,
16:28you know that at different times, he has made different statements.
16:31He has given his opinion for us.
16:33Obviously, the situation in Pakistan...
16:35It is not for me, it is for you.
16:37Mr. Chaudhary, it is for us.
16:39It is for me.
16:40Let the rest of my colleagues meet me or not.
16:43Viewers, it is obvious that in the past,
16:46he has also made different decisions.
16:48There have been disputes over it.
16:50One party was on one side, the other party was on the other side.
16:53This is the time when the Pakistan People's Party was on one side
16:56and was criticizing them against the decisions of the court.
17:00And our guide was standing with the court.
17:03Listen to what he said at that time.
17:06It is not the case that the Supreme Court gives a decision
17:10and you refuse to accept it.
17:12This is a human settlement.
17:15It is not a animal settlement.
17:17We will not let it become a animal settlement.
17:19It will remain a human settlement.
17:21We will not let this become a jungle law in Pakistan.
17:26This is a human settlement.
17:29It is not an animal settlement, it belongs to humans.
17:32We will not let this law be trampled under our feet.
17:37If they trample it,
17:39if we finish this matter,
17:41If we accept this, if we put this tradition in Pakistan, the coming generations will never be able to live in Pakistan.
17:51Our country, God forbid, will become a jungle and we will never let this country become a jungle.
17:59Viewers, you may remember, this is the incident of that time when there was a direction from the Supreme Court
18:05to Mr. Yusuf Zaghani that you write this letter, he did not write the letter, then he was released.
18:10In our program, Justice Shaikh Usman came, we asked him questions, he is the most independent mind.
18:16What did he say, that as long as there is a decision, action will have to be taken. Listen.
18:20If the Supreme Court does not suspend this judgment that has been announced today, then this judgment will be final.
18:30If this judgment is final, then the Election Commission and if there is a role of the government,
18:38then it will be applicable to everyone that they will act on it.
18:43If they do not act on it, then notices of contempt of court will be issued against them.
18:48So you see that if a notice of contempt of court is issued against the Prime Minister,
18:52if a notice of contempt of court is issued against the Chief Election Commissioner, then what will happen?
18:56Do you remember that Yusuf Raza Gilani had expressed what had happened to him in the time of Chaudhry Istikhar?
19:03So you should think about this, a legal dispute will arise.
19:08Hassan, a good news is that there is a possibility that in your presence there,
19:13Qaid and the Chief Minister of Punjab may also come to London.
19:17Because today the news is coming from Lahore that they are reaching.
19:20Now all the comments, yesterday you know, your detailed comment came that this is the written of the constitution,
19:27there can be no amendment on this.
19:29Please guide us on the way forward, what is the news, what is the government thinking, what are the institutions thinking?
19:35Now the review petition has not been filed yet.
19:38Yesterday two or three benches were formed.
19:40You know that there is also a dispute of the committee.
19:42Is there any news that now how will the solution of this problem be found out?
19:46Kindly share the news before the comment.
19:48Okay, let me give you the news first.
19:50I do not think that this review will be appointed for hearing soon.
19:56Because the detailed order that has just come in it, it is read, all its points are seen.
20:04As far as you know, there are large spurts.
20:07And in this, the ground of the review is found, then the review is filed.
20:12But the news in this is that, look, this is the freedom of the judiciary, the freedom of the Sunni consul,
20:21or this is the freedom of the mother peddler.
20:23Now it seems that they are going towards the freedom of the mother peddler.
20:27Earlier I did not ask which of the three is free.
20:30Now after this decision, I feel that they are going to free the mother peddler.
20:36This is the first thing.
20:37Will the election commission do it?
20:39Now whatever I had to say, I did.
20:42The second thing that you wanted to do in the commentary,
20:45In fact, I wanted to ask you a question.
20:47You read the first paragraph of the judgment of the Supreme Court.
20:51In that paragraph, it was said that because the Pakistani Judiciary had referred.
20:56And during the hearing of this case, they had filed their application.
21:01So the question arises, was this the case of the hearing of the Sunni consul's appeals?
21:07So what was the application of the Sunni Judiciary Council in that appeal?
21:11What was the application of the court in that case?
21:15So the argument, sir, is that the court has to decide on the record in front of it.
21:20Now what is going to happen?
21:22Now, Mr. Khawar Guman, look behind your waist.
21:25It may not be visible on the camera.
21:28If you look there, it is written that
21:30not a single seat will be given to the Pakistani Judiciary Council or the Sunni Judiciary Council.
21:36It is written there in the studio.
21:38So this is what you have to understand.
21:41That in the coming days, not a single seat will be given to the PTA or the Sunni Judiciary Council.
21:48Now, Hassan Ayyub, look, I feel bad.
21:50You are sitting in the program.
21:52We will start reminding you of your old claims.
21:57From the election of 8th March to becoming the Prime Minister of Qaid.
22:01But we accept your claim.
22:03And viewers, we will keep this record.
22:06F**k me.