Aaeni Bench Ke Cases Ka Faisla Kon Kere Ga Chief Justice Yahya Afridi Ya Justice Amin-ud-Din ?
Category
🗞
NewsTranscript
00:00One more important thing, you are a law minister and a lawyer as well.
00:04I would like to ask you something else.
00:07You have become Judicial Constitutional Benches.
00:10On 14th, the first sitting has also come.
00:14And you have become a bench.
00:15We don't know about the cases yet.
00:16But Justice Ayesha Malik, yesterday while listening to a case,
00:20it was a tax related case,
00:21she commented that this is a practice and procedure committee,
00:25the committee will decide which cases will go to the Judicial Constitutional Benches.
00:31Who will decide this?
00:33Will it be the committee of Mr. Afridi or the committee of Justice Aminuddin?
00:39And if a case is filed by the Procedure and Practice Committee somewhere else,
00:45and not sent to the Constitutional Benches,
00:47then can the Constitutional Benches file the case themselves?
00:51Yes, first of all, in the 26th amendment,
00:56the articles of the constitution have been marked very clearly,
01:02in which 184 is sub-article 3 or 199.
01:07Similarly, there are a couple of other articles.
01:10According to them, all the petitions that will be filed,
01:13will go to the Constitutional Benches.
01:15Secondly, if there is a problem somewhere,
01:18then the Constitutional Benches,
01:21the committee of the three senior members of that bench,
01:25will decide whether their jurisdiction is valid.
01:29If it is valid, then the case will go to them.
01:32If they decide that it is not valid,
01:34then the case will go to the other side.
01:37So, this practice and procedure committee will not do it?
01:40Chief Justice and Mr. Mansoor Ali Shah,
01:43and the committee of Justice Muneeb will not make this decision?
01:46In the practice and procedure act,
01:49both these committees are present.
01:52And the head of the Constitutional Benches committee,
01:59is also a member of the other committee.
02:02He is on both sides.
02:04But there is a majority, right?
02:06In the procedure and practice act,
02:09there is a majority vote, right?
02:11If two people vote on one side,
02:13and Ameenuddin Khan's viewpoint is on the other side,
02:16then his rule is that the majority will carry the vote.
02:20No, that is for the bench to make.
02:23That committee does not have the authority to make this decision.
02:27In that case, their final decision will be theirs.
02:30In all cases related to the Constitution,
02:35the final decision will be made by the Constitutional Benches.
02:39The benches have not started yet,
02:41and we can see a conflict.
02:43Who will resolve this issue?
02:45After Justice Ayesha's statement,
02:47there has been a lot of discussion since yesterday.
02:50It seems that the two branches of the Supreme Court have started a conflict.
03:00No, there will be no conflict in this.
03:03It is very clear that the cases in which there will be a constitutional point,
03:14the Constitutional Bench has been formed because of this.
03:17It is evident from its name.
03:19So, it will go there.
03:21There is nothing wrong in this.
03:25It is true that judges are sometimes disguised as journalists,
03:33but that is not how they are meant.
03:37Thank you very much for your time, Mr. Rana.
03:41The audience listened to everything.
03:43I found two things very clear.
03:46Mr. Rana and Mr. Abhiram,
03:48there is a very unique role in their policy making.
03:52One thing is very clear that
03:54the government has to react in a no-holds-barred manner
03:58to crush any movement.
04:00It will be very strict.
04:02But when the incident of 9th May took place,
04:05Mr. Imran Khan was in custody.
04:08He had a fig leaf and legal defense
04:12that this reaction has taken place outside
04:14and I have nothing to do with it.
04:16And the government is trapped to pin it.
04:19Here, his party leadership has also said
04:22that whatever they decide will happen according to that.
04:26They have even talked about a peaceful march,
04:29but the kind of language Mr. Ali Amin Ghandapur has spoken,
04:32blood, shrouds and funerals and all that,
04:36there is an element of violence in that.
04:39Is it possible that the PTI has mishandled this?
04:47Will Imran Khan's problems increase?
04:50If there is a movement and something happens,
04:53then they can directly pin it on the PTI
04:56that it happened on their behalf.
04:59Again, it will be by a stretch of logic,
05:01but there is a possibility in that.
05:04We hope that whatever the PTI has to do,
05:07it should do it wisely.
05:09Because there are not only political aspects,
05:11there are also legal aspects of such things.
05:14Time will tell what happens and what doesn't.