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(Current Affairs)

Host:
- Meher Bokhari

Guests:
- Hamid Khan (Lawyer)
- Barrister Salahuddin (Lawyer)
- Raja Mohsin Ijaz (Reporter ARY News)

Khabar | When will Election be held? | Electricity Rate Increased | Top Story

President Alvi writes to CEC Raja: Will President Alvi hold meeting with CEC Raja?

Will PTI Chief hold meeting with CEC Raja? - Big News

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Transcript
00:00 Assalam-o-Alaikum and good evening, I am Meher Bukhari.
00:13 The government has decided to drop another electricity bomb to put more burden on the
00:17 people.
00:18 On the fourth monthly adjustment of the financial year 2022-23, NEPRA has approved the electricity
00:24 to be 5.40 rupees per unit.
00:27 This will put more burden on the people.
00:30 The risk of 35% is higher than 30%.
00:33 This increase will also negatively affect the industries.
00:37 The increase in electricity prices is due to the agreement made with the previous government
00:41 of Shahbaz.
00:42 After this increase, the unit will directly affect 70% of the consumers.
00:46 The people's opinion, sorrow and anger are also being seen as a potential future.
00:52 President of the country Arif Alvi has once again written a letter to the Election Commission.
00:57 The topic of the letter is once again about the timely effect of elections.
01:02 President of Pakistan Arif Alvi has emphasized in his letter that the Election Commission
01:06 should decide the right time for the elections.
01:08 The President in a letter to the Chief Election Commissioner, giving reference to the requirements
01:12 of the law, wrote that after the analysis of the National Assembly, general elections
01:16 are necessary within 90 days.
01:17 The President of the country says that the National Assembly had evaluated the Prime Minister's
01:22 proposal on 9 August 2023.
01:24 Under Article 48 of the Pakistan Act, Article 5, the President of the country is prohibited
01:29 from setting a date which is not more than 90 days after the National Assembly's evaluation
01:33 for general elections.
01:34 The letter says that the Chief Election Commissioner is invited to meet the President so that the
01:39 appropriate date can be decided.
01:41 The President's letter has been received by the Election Commission.
01:45 And the Election Commission has announced to meet all political parties on the roadmap
01:49 of the next election before meeting the President.
01:52 The President of the country has written two letters related to the timely elections to
01:57 the Election Commission after the analysis of the Punjab and Khyber Pakhtunkhwa Assemblies
02:01 on 8 February 2023.
02:02 The President of the country, Dr. Arif Alvi, wrote to the Chief Election Commissioner,
02:06 Sikandar Sultan Raja, to announce the date of the elections immediately.
02:10 The President of the country, Dr. Arif Alvi, wrote in his letter that the Act does not
02:15 allow the date of the elections.
02:17 The Act forces the elections to be held within 90 days of the National Assembly's evaluation.
02:22 The President of the country, Dr. Arif Alvi, in his letter, as the head of the state,
02:26 also referred to the preservation and defense of the Act.
02:29 And the Chief Election Commissioner, Arrakeen, was also reminded of his fundamental responsibility
02:34 under the Act.
02:35 Delays in the elections have caused damage to the Republic.
02:38 Despite the President's repeated warnings, the Khyber Pakhtunkhwa Assemblies in Punjab
02:42 did not hold the elections despite the fact that 215 days had passed.
02:46 In his first letter, the President of the country expressed his anger at the lack of
02:50 a response from the Election Commission.
02:52 He was anxiously waiting for the Commission to realize its constitutional obligations.
02:57 On this important matter, he was extremely disappointed with the sad attitude of the Election
03:01 Commission.
03:02 In the second letter, the President of the country, Dr. Arrakeen, wrote to the Chief
03:06 Election Commissioner, Dr. Arif Alvi, to discuss the history of the elections.
03:10 The Election Commission, in response to the second letter, said in two words that the
03:14 President has no role in the announcement of the history of the General Elections of
03:18 the State Assembly.
03:19 And the Commission is well aware of its fundamental responsibility in this regard.
03:23 The decision to elect the Chief Cabinet Secretary, the new Chief Cabinet Secretary, and the
03:28 current political environment, the viewers are sure, will not be on time.
03:33 Today, Hafiz Abdullah, the translator of the PDM, has made some important revelations
03:37 regarding the delay in the elections.
03:40 If the elections are delayed, and they will be delayed, and they will not be in February,
03:44 then I think this is a silent dictatorship.
03:49 The process of the constitution is being tried to continue.
03:54 One day, the slogan of the PTI Chairman will be the slogan of the Muslim League.
03:59 The Chief Cabinet Secretary, the Chief Cabinet Secretary, has only one right.
04:03 He has the right that the elections should be clean and transparent under his supervision
04:07 and should be on time.
04:09 If they go back and forth, will the end and the end be a hurdle or a hurdle?
04:14 The former Secretary of the Election Commission, Kavar Dilshad, has also made the same prediction
04:19 based on his experience.
04:21 He says that the elections will only be possible after nine months.
04:25 The new restrictions will be completed in four months based on the men's number.
04:29 And then, on the basis of this men's number, a second look will have to be made at the
04:33 electoral lists.
04:34 And these objections will again take three months to complete the process of the voting
04:39 lists.
04:40 Two months are required for the implementation of the election schedule.
04:44 In this way, the next general election will not be possible before May 2024.
04:48 Kamal Dilshad says that after the election restrictions, the preparation of the fresh
04:53 electoral lists is a must, which cannot be ignored.
04:56 The Election Commission has recently said that the results of the seventh men's number
05:01 have been published properly.
05:04 Therefore, the Election Commission is bound to make new electoral restrictions.
05:08 And on the one hand, there is technical complexity, which is visible in the elections at the
05:13 moment.
05:14 On the other hand, after the resignation of the President of the country on the official
05:18 secret act and army reform bills, a unique and political storm has arisen.
05:23 In the past 24 hours, the severity of this storm has seen many times the increase.
05:28 The 22nd grade officer, Secretary Narcotics Division Humera Ahmed, has refused to serve
05:33 as the President of Pakistan as the principal secretary.
05:36 However, after the dispute over the reform bills, the bureaucrats in the President's
05:40 Office are very angry.
05:42 According to Don Akbar's reports, the President's Office is facing a rebellious situation.
05:47 Senior bureaucrats are not ready to take over the position of the President's Principal
05:51 Secretary.
05:52 The atmosphere in the President's Office has become so tense that any officer is ready
05:56 to serve as the Principal Secretary.
05:58 It has been 36 hours since the Secretary of the country returned the services of Waqar
06:03 Ahmed.
06:04 But so far, no officer has been appointed to the President's Office.
06:07 This is the aspect of the storm in which the assessment has been given that the President
06:12 of the country does not have the right to change any government officer.
06:16 For any change, he will have to contact the government.
06:19 And it is not necessary for the government to follow the request of the President of
06:22 the country.
06:23 The second point is that after the assessment of the National Assemblies, there can be
06:27 no posting without the permission of the Election Commission of Pakistan.
06:30 One aspect of the storm is that as the principal secretary, the President of Pakistan is under
06:34 the supervision of the General Elections Commission.
06:36 If the most important position of the state of Pakistan is in the eyes of politics, how
06:40 will the matters move forward?
06:42 In the protocol of the President, there is a chain of command, and the most sensitive
06:46 matter of keeping the President of the country in the dark is the request of the Freedom
06:50 of the Press.
06:53 And although a different request has been made to the Lahore High Court against the
06:56 Official Secret Transmission Act, the situation of the storm on politics is more or less contradicting
07:01 every legal action.
07:04 The term of the Presidency of the President of the country is being completed on September
07:07 9.
07:08 In view of the possibility of delay in the elections, how will the next President be
07:12 elected?
07:13 Because the President is elected by the Electoral College, which includes four provincial
07:17 assemblies, the Senate and the National Assembly.
07:19 The Chairman of the Senate can become the permanent President at that time.
07:22 When the President of the country is present abroad, is ill, is on leave, or resigns from
07:27 his post, these are all the obstacles that are related to the elections at the time.
07:32 And if the elections are delayed, how will these obstacles be overcome?
07:36 Let's talk.
07:37 We have two senior constitutional experts and lawyers with us.
07:41 Mr. Hamid Khan welcomes you.
07:43 Mr. Barrister Salauddin also welcomes you.
07:46 Assalamualaikum.
07:47 Mr. Hamid Khan, I will start with you.
07:49 First of all, please tell us that this heavy responsibility of the elections was told
07:54 to us at the beginning that it is on the shoulders of the Election Commission.
07:57 Even the elected Prime Minister Shabaz Sharif said that this responsibility is on the Election
08:03 Commission after the approval of the Joint Income Council of the New Customs and Border
08:07 Control Act.
08:08 And the ball is in the court of the Election Commission.
08:11 But now, the President has written a letter putting forward Article 48, Shik 5.
08:14 What does he say?
08:15 He is fine.
08:17 The President can say anything.
08:19 Article 48 is what he writes.
08:21 But the most important thing is that the elections should be held in the next 90 days.
08:27 All this drama that has been done, the results have been notified very late by the Census
08:36 so that there can be a way to postpone the elections because there will be a light
08:42 foundation, a list of electors will be prepared, and there will be hearings etc.
08:48 So, all this is looking like a pre-plan.
08:51 There is no doubt about it.
08:53 This whole matter could have been done 6-8 months earlier.
08:57 But you did not do all this until then because it seems that the conspiracy of the Census
09:07 was already there to postpone the elections.
09:10 Article 48, Shik 5 has been quoted by the President in his letter.
09:13 If the President does an assessment, then the date of the elections will also be given by
09:17 the President.
09:18 And this date cannot be more than 90 days from the date of the assessment.
09:21 But the PDM government has taken the right to give the date of the President's elections
09:24 through the amendment in the Election Act.
09:26 The PDM government amended the Election Act in Sections 57 and 58 of 2017.
09:30 And according to this amendment, the Election Commission will now announce the date of the
09:34 general elections.
09:35 Here, the authority over the constitution is being given to an Act.
09:38 What will you say?
09:39 The article 48 states that when the President resolves the National Assembly, then he will
09:46 appoint the date of the General Elections.
09:48 So, there is a clear shik of the amendment.
09:51 Now, one thing remains, the families that have been dissolved, the President has done
09:56 it himself.
09:57 He has given his own answer.
09:59 This can be a debate that the family that has been dissolved, this family is on the
10:11 Prime Minister's advice.
10:13 But the President still resolves it.
10:16 In my opinion, Article 48.5 is applicable.
10:19 And in this respect, the government has the right to give the date of the General Elections.
10:34 As far as the common law, the Election Act, or any other law is concerned, they cannot
10:41 override any of the Supreme Court's shik.
10:43 In fact, the Supreme Court's shik overrides it.
10:49 So, I understand this.
10:52 What will you say, Mr. Bairastus Laudin?
10:55 Yes, absolutely.
10:56 I agree with this.
10:58 And if you remember, when the elections were being held in Khyber Pakhtunkhwa and Punjab,
11:06 the Governor dissolved the elections on the advice of the Chief Minister.
11:16 And the Supreme Court said that where the Governor has dissolved the elections, the
11:26 Governor has the right to decide the date of the elections.
11:34 And the same exact parallel clause is also in Article 48.
11:41 So, the right to announce the date of elections is the right of the President.
11:49 Secondly, as far as the restrictions are concerned, that is a complicated issue.
11:55 Because a census has been announced.
11:59 The results of the census have been notified.
12:03 There are two or three issues in it.
12:06 One is Article 53.5, which says that the seats allocated to every province of the National Assembly
12:19 will be allocated on the last preceding census.
12:23 That also seems to be a conflict with Article 53.3, which says that there will be so many seats for every province.
12:34 So, I understand what role the Election Commission has in that.
12:38 In that, the courts will clarify these two issues.
12:44 Then comes the issue of the Election Act.
12:47 The Election Act also states that the restrictions will be in accordance with the last preceding census.
12:59 Now, the real purpose of elections is obviously that the people have representation.
13:07 And representation is only in the right sense when there is a fair and transparent restriction.
13:14 The President has called Chief Election Commissioner Sultan Raja.
13:19 He has not even gone to the past to discuss the elections of Punjab and Khyber Pakhtunkhwa.
13:23 Even then, the President used the word "absence" in this regard.
13:26 He was reminded of his responsibilities by writing a letter.
13:29 If he does not go now, then what will happen?
13:32 Is it necessary to go on him? Not necessary?
13:35 Yes, the Election Commissioner should definitely go.
13:39 And the President should use his absence. That is his place.
13:44 But, the issue that you were talking about,
13:49 who should be given priority, the 90-day restrictions or the light restrictions.
13:53 But, let me give you an example of Sindh.
13:58 As far as you know, there is an old issue.
14:04 And it was also mentioned in the old census that the seats of Karachi are less or more,
14:09 the seats of Interior Sindh are less or more, etc.
14:12 Now, these are highly contentious issues.
14:16 And if you do not resolve these issues on the insistence of 90 days,
14:24 then there can be further complications.
14:29 The second point of view is also very strong that this is a regular requirement.
14:36 But, I think they are not capable of a very simple answer.
14:42 It will be necessary to go into the depth of these matters.
14:47 And naturally, the Uzma court will eventually decide on this.
14:51 And Mr. Hamid Khan, for your advice,
14:55 should we call the Chief Election Commissioner to Madhu again?
15:00 Is it necessary? Is it legally and legally right to call him?
15:04 Or do they have an option that he should not go, like last time?
15:07 I think that the President should give due respect to the status of the state.
15:16 And not giving it does not make a difference to the person of the President.
15:21 It does not matter if Mr. Arya Pallavi is sitting there or someone else.
15:25 He is an institution.
15:27 The President is a symbol of Pakistan.
15:29 And the highest constitution office holder of Pakistan.
15:33 If he has called any office holder,
15:38 then it is his duty to go there and be included in the debate.
15:45 If he has a complaint, then he should complain later.
15:50 But if he does not, then it is against the sanctity of the institution of presidency.
16:00 Okay. So Mr. Hamid Khan, if he goes and accepts the decision,
16:05 then it is one thing.
16:06 But if he cannot accept it, or if he does not go,
16:09 then does the President still have the right to give his own date for the general elections?
16:15 Yes, absolutely right. There is no restriction on that.
16:18 There is no restriction on that in the constitution.
16:21 The general law, the election act, cannot stop this.
16:26 And if the election commission denies that this is not your right and we cannot do this,
16:32 then will there be a new constitutional dispute?
16:34 Another dispute will arise.
16:36 And it will be against the constitution.
16:39 How can you ignore the constitution's shift in the face of a general law shift?
16:47 So this is against the fundamental principle that the constitution is the fundamental law
16:52 and the fundamental law has to prevail over the other laws.
16:57 And Barrister Salauddin Ahmed, the Supreme Court Bar Association has challenged the decision of the Council of Common Interest.
17:04 The Pakistan Bar Council and the Provincial Bar Council have also issued press releases
17:08 that elections should be held in 90 days.
17:10 The People's Party's situation has also come to light.
17:12 Now the President's letter has also come.
17:14 The Supreme Court will hear this matter and ultimately it will go to the Supreme Court again.
17:21 The decision of the General Election will be made there.
17:23 The Chief Justice is going to retire in a few days.
17:25 So inevitably, will this matter be put before the Chief Justice, Qazi Faiz Isa?
17:31 Absolutely. All these matters have become a trend now.
17:39 The politics that we have here is usually in the courts.
17:44 So all these matters will eventually be decided by the Supreme Court
17:49 if the caretaker chief ministers were sitting in the Council of Common Interest.
17:57 In my opinion, I don't think that the decision of the Council of Common Interest will invalidate it.
18:06 Only two chief ministers were there.
18:12 And this is also a debatable point whether giving this approval is a policy question or not.
18:20 But in any case, the Supreme Court will eventually decide.
18:26 The majority of the decisions are made in the Council of Common Interest.
18:29 Even if two chief ministers are removed, there are still five, including the People's Party,
18:35 who gave the decision in favour of the Council of Common Interest.
18:39 So either way, the decision will still stand.
18:43 But I don't think that it will change just because two chief ministers are removed.
18:48 The overall decision would have nevertheless remained the same.
18:53 So I don't think that it will change.
18:55 But Mr. Baris, until the Supreme Court decision on the Practice and Procedure Act,
18:58 Justice Qazi Faiz Isa will not be a part of any bench.
19:01 The full court is not being made by Chief Justice Bandyal.
19:04 So either way, if they decide on this before the end of their term,
19:09 do you think that another bench will be made and the PDM Jamaats will not accept it?
19:13 Or other free camps?
19:16 Look, only they can tell us what the political reaction of the PDM Jamaats is.
19:24 But I think that in the last four to six months,
19:31 the current situation could have been solved to a great extent.
19:38 If a full court was made or a method was developed,
19:47 to see what kind of benches would listen to such contentious cases.
19:55 Because of that insistence, I think that the force of many decisions was depleted.
20:05 And many forces took advantage of it.
20:08 So anyway, this is an issue.
20:11 And in the next 20-25 days, let's see what happens.
20:18 And Mr. Hamid Khan, the Election Commission has called the Chairman of the Justice Committee at 2 am.
20:25 Although he is in jail.
20:26 Shah Mehmood Qureshi is also in jail.
20:27 So tomorrow, another representative of the PTI will go for the election commission meeting.
20:31 At 3 am, they have called Mullah Nafaz Ureman.
20:33 On 25th August, they have called Mr. Shabash Harif.
20:36 On 26th August, they have called Mr. Zardari.
20:38 Under which law is this meeting being held?
20:42 Why is it necessary to consult with the political leaders at this time?
20:48 They can only tell us.
20:51 If they have been called, then they should release them from jail.
20:58 And if the election commission wants to listen to them,
21:03 then it is their duty to stand on this and ask them to release them and come to us.
21:10 Can this be done if the election commission requires that they be released from jail for consultation?
21:18 Yes, they can be released and presented for consultation.
21:25 It is a different matter whether they do it or not.
21:28 We will see tomorrow how much courage and determination the election commission has.
21:33 Mr. Barista, as Mr. Hamid Khan said, they can be called for consultation.
21:40 They are in the jail.
21:41 But what is the need to consult with them legally?
21:45 The act is very simple.
21:47 They have to fulfil their responsibilities.
21:50 What is the point of consultation?
21:52 They can be called from jail.
21:56 The election commission has been given vast powers under the constitution.
22:06 They can give instructions to any executive authority or any executive body for the purposes of conducting the elections.
22:16 I don't think that the power to release them will be with the courts.
22:28 But it is true that they can ask the jail authorities to present them to us.
22:36 In the past, you have seen that people in custody are called to the parliament.
22:46 If the assembly feels that they need to be questioned, then I think the election commission can do the same.
22:52 Can the appeal be affected by the case in the Supreme Court today?
22:57 I will add one more thing to what Mr. Khan said.
23:07 The time has changed.
23:12 It is the age of social media.
23:14 Everything is reported immediately.
23:18 The judge should also be careful about his comments.
23:33 Even if his view changes later, a public perception is drawn from his comments.
23:46 The judges also draw an impression of a superior judge.
23:55 So they should be careful in their comments.
23:59 Thank you very much.
24:03 Stay with us.
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