Makhsoos Nashiston Ke Case Mein PTI Ko Woh Cheez Di Gayi Jo Mangi Hi Nahi Gayi, Khurram Dastgir
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00:00I was noticing that Irfan Siddiqui had a very aggressive press conference
00:05even before that, in the last 3-4 days of PMLN
00:08when this detailed judgement has come
00:10there has been a very consistent stance that he did not like the decision
00:14there is no surprise in this
00:16but the implementation of this decision is not going to happen
00:19has it been decided at the party level?
00:22you say that the election commission has to implement it
00:24but when the government itself comes and says that this decision is not right
00:27and such decisions should not be accepted
00:29has it been decided at the government level that this decision will not be implemented?
00:36the wounds that I had from 7 years ago
00:40when there was no mention of Akama in the entire Panama case
00:45and the court saw a dictionary from the internet and made this decision
00:50and disqualified Nawaz Sharif from being an unlawful and uncivilised person
00:55we have been saying this since then
00:57this is not a matter of liking or disliking
00:59we have only one demand
01:02first, we all wish that the judicial system should follow the law
01:08but secondly, equal treatment
01:11the law also says that everyone is equal
01:13equal treatment, we have reservations about that
01:17and this decision by the SIC
01:20this is the third decision in this century
01:23in which the Supreme Court has overstepped its authority
01:28and has granted something that was not in the decision
01:31this happened in the Zafar Ali Shah case in 2000
01:34when the Supreme Court gave permission to the Aamir
01:36to amend the constitution
01:38although no such thing was asked
01:40similarly, I gave you the reference of Panama
01:43there was no mention of Akama in this
01:45in the proceedings of 8 months
01:47there it came to Akama
01:49this was the judgment of the SIC
01:51in which the Supreme Court
01:53using its own thinking
01:56made an air base and a parliamentary party
02:00then forced its members
02:02that what you have given is not right
02:04you will be the members of this Jamaat
02:06then the monitoring judge of Panama
02:09made a very unilateral decision
02:12he made it 8 instead of 1
02:14so we have a lot of reservations about that
02:17people's party has a lot of reservations
02:21about the courts of that time
02:23people's party is on record
02:25the decisions came against them
02:27the decisions were still implemented in Pakistan
02:29in the past
02:31this Akama case that you told
02:33after that the implementation of that case happened
02:35and Nawaz Sharif sir emptied the Prime Minister's house
02:37what has changed now
02:39there were grievances in that too
02:41you still had grievances
02:42the problem is that
02:43how will it be decided that
02:45if you don't want to implement the PML
02:47then a way will open up
02:49then whoever has the power in the government
02:51will not implement the decision
02:55no, no one has to decide this
02:57the Supreme Court
02:5931 years ago
03:01in the case of Baaz Mohammad Kakar
03:03wrote in its judgment
03:05that when the law comes into the field
03:09then the law will be a hindrance to the interpretation of the court
03:13the real issue is not
03:15that the administration says
03:17that we will not implement
03:19when the parliament has made a law
03:21and decided
03:23then the law will be a hindrance to the interpretation
03:27but sir, about this
03:29the flip side, the second view is
03:31that the interpretation of the Supreme Court
03:33the law makes the parliament
03:35the interpretation is done by the court
03:37the decisions that come as a result of that interpretation
03:39they have to accept
03:41I have not spoken to any such legislator
03:43in 72 hours
03:45who says that on the short order of the Supreme Court
03:47you cannot implement
03:49even the Supreme Court
03:51is not endorsing this
03:55see, but either the Supreme Court
03:57then
03:59why did they wait for 74 days
04:01in their detailed judgment
04:03the real method was
04:05that they would immediately
04:07issue their detailed judgment
04:09so that we could file a review on it
04:11so that the up procedure
04:13would have been done 74 days earlier
04:15and we would not have to face today's tensions
04:17so the Supreme Court
04:19not giving its detailed judgment
04:21for 74 days
04:23has the same serious questions
04:25as saying that
04:27there was no implementation of the short order
04:29because that too
04:31if we have to make an interpretation
04:33then that too was waiting for a better time
04:35for the detailed judgment to be issued
04:37and the way
04:39we have been alarmed
04:41is that
04:43last Saturday
04:45the detailed judgment
04:47that was issued by the court
04:49and the court openly said
04:51that keeping the law in mind
04:53they used the word
04:55de jure
04:57that we are not looking at the de jure
04:59we will go de facto
05:01so in Pakistan
05:03using the word de facto
05:05this is the code word of decency
05:07that if you go de facto
05:09then using the word de facto
05:11this country has been decency for 45 years
05:13because it was de facto
05:15and the court
05:17has not only issued the same decency
05:1912 times
05:21right
05:23so earlier you were saying
05:25that the detailed judgment should come
05:27that the implementation of the short order
05:29has to be done
05:31and there is a consensus on this
05:33there is a consensus
05:35that this decision is right
05:37there are loopholes in this decision
05:39one point of view of the constitution
05:41is that it has been rewritten
05:43and the other is that
05:45this has been done
05:47especially for the democracy
05:49but everyone agrees
05:51that there should be an implementation
05:53which the government is not going to do
05:55even after the detailed judgment
05:57even in the review
05:59the lawyer says that there is very little chance
06:01that there will be a drastically different result
06:03so after that you will say
06:05that we did not like the decision
06:07even after the review
06:09will there be an implementation or not?
06:11there is no question of liking or disliking
06:13in this
06:15this is a big challenge
06:17in front of the election commission
06:19so in front of them
06:21on one hand there is the Supreme Court's decision
06:23now the detailed judgment has come
06:25and on the other hand
06:27there is no administration
06:29the Supreme Court has not decided
06:31it is a law made by the parliament
06:33and our point of view
06:35is that the Supreme Court's
06:37decision is in the field
06:39until the parliament
06:41does not legislate on it
06:43when it is legislated
06:45in the beginning of August
06:47it has been a month and a half
06:49it will hold the legislative field
06:51it will not hold the decision