"Constitutional amendment ka draft jab samnay aya tu...", Mustafa Nawaz Khokhar Told Everything

last year

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Transcript

00:00Tell me, will the Pakistan Bar Council stand with the government on this legal matter?

00:10The thing is that we are not standing with any government. We are looking at the law and the constitution.

00:17When the Supreme Court Bar Association called a convention, all the representatives of all the Pakistan Bar Associations and Bar Councils participated.

00:27There, the law minister gave me his constitutional package.

00:32After that, the Pakistan Bar Council called a meeting of the Executive Committee.

00:37We went cross by cross and finalized our proposals and recommendations.

00:43We are not standing with the government. We are standing with the law and the constitution.

00:48Whether you are a lawyer or a journalist, there are differences between them.

00:56This is the beauty of democracy.

00:58Differences do not mean that you condemn one side and do not listen to the other side.

01:06As far as tenure is concerned, it is not about tenure.

01:09The retirement superannuation age of the High Court is 62.

01:14The age of the Supreme Court is 65.

01:17The recommendation of the Federal Constitutional Court is that a judge of the Federal Constitutional Court,

01:26whether he is a Chief Justice or a judge, his retirement age is 68.

01:30The reason for this is that if a judge retires from the Supreme Court and is eligible,

01:36then he should also get a chance to come to the Constitutional Court,

01:40where there will be very important legal proceedings.

01:44That is, if a Chief Justice retires, he can also get a chance to come to the Constitutional Court.

01:51This is not person-specific.

01:53Farooq bhai, what else is person-specific if it is not facilitated in this way?

01:59Listen to me.

02:01It is not about tenure.

02:03It is not that a judge or a Chief Justice will stay for three years.

02:07We have said that if a Chief Justice does not stay for more than three years,

02:14if he has to complete his three years, then he will retire at the age of 67.

02:23That makes sense.

02:26Let me get Mustafa Nawaz on this also.

02:28This is logical.

02:30If senior people want to retire, they will go there.

02:35You people are very active in the Lawyer Movement.

02:38You say that you will run the Lawyer Movement and everything will happen.

02:41What is your problem in this?

02:42What is the problem?

02:43Look, the problem for all of us is that the draft of the proposed amendments

02:48was shared with different communities.

02:50When the proposed amendments were presented in the Constitution,

02:55everyone was confused as to what these communities are going to do.

03:00Is this a draft of these communities?

03:02The way these communities were given the draft at the last moment,

03:06it was shared with them.

03:07Even the Minister of Law is on record that one night before,

03:10he held a meeting of the National Assembly and Senate.

03:13The members were sitting there.

03:15One night before, he said that he also got the draft.

03:17Then questions will arise as to where this draft came from.

03:22And when you talk about amending Article 8 in that draft,

03:25when you talk about amending Fundamental Rights,

03:28when you talk about amending Article 199,

03:31when you talk about the rotation of the judges...

03:33Sir, in Article 199, people are told that if you are taken in the name of National Security,

03:37then you are up.

03:39Look, Sir, if I may, I have got the greatest of respect for Mr. Khokhar.

03:46Much water has flowed under the bridge.

03:49Let me complete my argument and come in there, Farooq bhai.

03:52Farooq bhai, I am coming to you now.

03:54I have a very important question for you.

03:56Look, the draft has been opened.

03:59These are old matters.

04:01These drafts have come to the Pakistan Bar Council,

04:03to the Supreme Court Bar Association.

04:06If there is still no final decision...

04:08I don't think there has been a final decision.

04:10There has been no final decision.

04:12If a person wants this, if a bar association wants this,

04:16if a person wants to give a proposal,

04:20wants to give a recommendation,

04:22the democratic practice is that...

04:24Okay, tell me one thing.

04:26Okay, I am coming.

04:28Farooq bhai, I am coming.

04:30I have two questions for you.

04:34Let us forget the past and move into the future.

04:36Okay, let's move to the future.

04:38Let Mustafa finish his argument.

04:40I have two questions for you about the future.

04:42Look, we have discussed these things in the media.

04:46Cameron Murtaza, his representatives,

04:48all of them are on record.

04:50All of them have expressed their reservations.

"Constitutional amendment ka draft jab samnay aya tu...", Mustafa Nawaz Khokhar Told Everything

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