#supremecourt #article63a #qazifaezisa #ShehzadShaukat #ShehbazKhosa
#horsetrading #pti #pmlngovt #11thhour #waseembadami
The Supreme Court's decision allows "Horse-Trading"? Shehzad Shaukat's (SCBAP) Analysis
#horsetrading #pti #pmlngovt #11thhour #waseembadami
The Supreme Court's decision allows "Horse-Trading"? Shehzad Shaukat's (SCBAP) Analysis
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NewsTranscript
00:00Mr. Shehzad, first of all, tell us, yesterday a respected lawyer, Mr. Abid Zubairi, said in our program
00:06that, sir, even for this reason, the Supreme Court should not have heard this case
00:11that it was time-bound. The Supreme Court Bar Association, for the original decision,
00:14for 3 weeks or 1 month, whatever the time period is,
00:16it did not go into it at all. There is a time, you have to give an opinion within that.
00:21Supreme Court Bar was late, it should not have entertained it.
00:24First of all, if you could give a quick answer to this, then we will come to the real matter.
00:28Yes, it is like this, the limitation of giving a second opinion,
00:35in the law, it is 30 days, not 3 weeks.
00:38And it is also true that this petition,
00:42it was probably 3 days late.
00:47That is, it was filed on the 33rd day.
00:51But there was a request with it, that our delay should be condoned.
00:58And its basis was that, actually, a detailed judgment is awaited,
01:05that the details of the decision should be read,
01:10and then the decision should be made whether a second opinion should be requested or not.
01:15Right.
01:16Now, in this case, what has come to light today,
01:20is that the majority judgment of Justice Muneeb Akhtar,
01:25was probably supplied to the office of the Supreme Court on 14th October.
01:32Okay.
01:33Before that, the two differing decisions,
01:38of Justice Jamal Khan Mando Khail and Justice Mazhar Alam Mian Khail,
01:43were probably sent to the office long before that,
01:50that these are our differing decisions.
01:52Okay.
01:53And it is obvious that if the details of the majority judgment were revealed,
01:57then it would be helpful in introducing a second opinion.
02:02So you were waiting for that, as it took a little longer,
02:05and you did not interfere in it.
02:06Obviously, it took a little longer,
02:08but the Supreme Court Bar presented its formal explanation,
02:12and that explanation was accepted,
02:14and our delay in filing, was forgiven.
02:19Okay, and sir, what is being discussed the most about this,
02:22you tell us about that, that the critics of this decision are saying that,
02:26that Hot Trading has been officially allowed,
02:29that you may have come with a vote of any party,
02:32but vote against the policy of that party,
02:34your vote will be counted,
02:35okay, it may also have an effect,
02:37that you sit with a seat,
02:38but this is an unethical thing, a hot trading,
02:41it was legalized by the Supreme Court,
02:43if someone has so much objection to the decision of his party,
02:46then the party in which he has been elected,
02:48leave that party, go back to his people,
02:51take a new mandate, then give your vote of your choice,
02:53what do you have to say about this?
02:54Okay, we need a detailed answer to this,
02:59it is a big question of yours,
03:00but I will try,
03:02look, it is not like that,
03:03the first thing is that,
03:05making a law,
03:08modifying it,
03:09altering it,
03:10modifying it,
03:12all these rights are only for the parliament,
03:15and the Supreme Court of Pakistan has the right to make a decision,
03:20and the Supreme Court of Pakistan has been continuously saying,
03:27that we do not have the right to remove the comma full stop of the law,
03:32we are the progenitors of the law,
03:35the courts are the progenitors of the law,
03:38they do not have the right to rewrite the law,
03:42and in the majority judgment,
03:45two distinguished judges were sitting,
03:47they sat in a five-member batch,
03:50and gave another decision in 2021,
03:53in which they said,
03:54that there can be disastrous effects,
03:56if we try to change any part of the law,
04:01now this is one aspect,
04:04now look at the second aspect,
04:06the way the constitution made 63A,
04:11was that,
04:12on four things,
04:14vote of confidence,
04:15money bill etc,
04:16if you go against the instructions of the parliamentary party,
04:23or abstain from voting against their instructions,
04:26then you will be de-seated,
04:28a process was given for that,
04:30the constitution did not consider it appropriate,
04:34that their vote should not be counted in the constitution,
04:39now this is the wisdom of the parliament,
04:45noted,
04:46and the supreme court could explain that,
04:49it could not rewrite the constitution,
04:52sir note,
04:53if you allow me,
04:54I will take this point,
04:55noted,
04:56you have given both points,
04:57Mr. Shahbaz,
04:58when the legal mind is doing this,
05:00you tell me,
05:01isn't it unfair,
05:02one is the popular narrative,
05:04one is that,
05:05look,
05:06the supreme court has given the NOC,
05:08take it from the loot,
05:09this is the request,
05:10it is possible that this decision will have a political effect,
05:13the supreme court of Pakistan,
05:14has to decide according to the situation,
05:16or has to decide according to the constitution,
05:18and wasn't it written in the constitution,
05:20that if you do this,
05:22then you abstain from your seat,
05:24but the vote should not be counted,
05:26it was not written anywhere in the constitution,
05:28so the supreme court has to decide according to the constitution,
05:33see,
05:34my president is sitting here,
05:36I will not challenge his opinion,
05:38but I will give my innocent opinion,
05:41you have to see the logic behind the law,
05:46this 63A,
05:49this was not in the constitution,
05:51before 1997,
05:53in 63,
05:54there were disqualifications,
05:56which can be of a member of parliament,
05:58for example,
05:59it was not sound mentally,
06:01it became insolvent,
06:02it left the Pakistani nationality,
06:04X, Y, Z,
06:0563A was inserted,
06:07when Nawaz Sharif brought the 14th amendment,
06:11and the backdrop of the 14th amendment is this,
06:13you have heard about the Asghar Khan case,
06:16that how by giving money,
06:18the votes of a community were broken,
06:20the votes of the people's party were used against them,
06:22by the Prime Minister,
06:23and by floor crossing,
06:25by no confidence,
06:26the lady was removed,
06:27to avoid this,
06:29Nawaz Sharif did 63A,
06:31at that time,
06:32the lady supported it with 17 seats,
06:34so that the way of floor crossing,
06:36was closed,
06:37then Musharraf,
06:38in 2002,
06:39had to bring his government,
06:41through patriots,
06:42he had to make lotto,
06:44then it was relaxed,
06:45like today,
06:46this decision has been made,
06:48but when the 18th amendment came,
06:50then this way was closed,
06:52and only the clause was given to me,
06:54because of wrong reasons,
06:56on the basis of malice,
06:57this clause came in the amendment,
06:58so does the Supreme Court,
06:59have to decide according to the amendment,
07:00or is it saying,
07:01no, no,
07:02this amendment,
07:03has put this clause,
07:04there is malice behind it,
07:05so we will not decide according to it,
07:07see,
07:08the Supreme Court,
07:09the amendment,
07:10has to give you direction,
07:11the amendment,
07:12is not a 1000 page book,
07:13it is a small book,
07:15in it,
07:16there are not small inscriptions,
07:17written,
07:18they are separate,
07:19or subordinate,
07:20through legislation,
07:21details are given,
07:22you have a floor crossing,
07:24direction,
07:25against the direction of horse trading,
07:2763A,
07:28and that direction was,
07:29that if someone abstains,
07:30and votes against party policy,
07:32then he will lose his seat,
07:33that was the direction,
07:34right?
07:35Sir,
07:36this is exactly like that,
07:37in that,
07:38you see,
07:39only on 4 votes,
07:40you have the right,
07:41that you don't have to vote against party policy,
07:44rest of the MNAs,
07:45whoever wants,
07:46whoever wants,
07:47they can vote,
07:48you will not have a floor crossing,
07:50but only 4 such votes,
07:52in which the constitutional amendment,
07:54by the way,
07:55is included,
07:56that you,
07:57against your party,
07:58do a floor crossing,
07:59for the other party,
08:00for the other party,
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