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  • 3 years ago
"You have flouted law & constitution," Ch Ghulam Hussain gets angry with legal expert

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00:00 You have destroyed the foundation of this country.
00:05 Mr. Hafiz, I was asking you this question.
00:07 When the Election Commission has made its mind clear,
00:10 the current government, the Nigrahan government,
00:12 has clearly told the President of Pakistan that you do not have this power.
00:18 So, according to the President of Pakistan, this letter was today's.
00:22 He has the power, he has the right to appoint a man after the election.
00:26 So, you should also go to the Supreme Court.
00:30 So, I have the Article 186 of the Pakistani Constitution, Advisory Jurisdiction.
00:35 We have read it and told that if the President of Pakistan has any doubt,
00:40 he can take advice from the Supreme Court.
00:43 If this problem has arisen, then you can guide us to solve it.
00:48 Because the interpretation of the Constitution is with the Supreme Court,
00:52 under the Constitution of Pakistan.
00:54 My question to you is that what has become of the President of Pakistan today,
00:58 when he has written this letter to the Election Commission?
01:01 When you already know, I remember a joke on it, but he will tell you again.
01:07 Mr. Ghoman, thank you very much.
01:11 Mr. Chaudhary, thank you very much.
01:13 You always love and compliment a lot.
01:16 Thank you very much for that.
01:18 Now, there are two things.
01:20 First, I would like to tell you that you have mentioned Article 186 of the Constitution.
01:24 Under that Advisory Jurisdiction, the President of Pakistan cannot send any direct question to the Supreme Court of Pakistan.
01:32 For that, it is necessary to get the advice of the Federal Government.
01:35 And this is the settled position of our Constitution and the decisions of the Supreme Court of Pakistan.
01:41 The President, who cannot act independently,
01:44 has to act on the advice of the Prime Minister and the Cabinet under Article 48.
01:50 So, without advising on Article 48, the President of Pakistan cannot invoke the Advisory Jurisdiction.
01:56 Mr. Hawa, I will stop you on this.
01:59 You are absolutely right.
02:01 I have spoken to some lawyers on this issue.
02:04 Since these are concerning President powers,
02:07 it is not something that they want to talk about the Executive.
02:10 This is their love.
02:12 According to them, their powers are not being accepted.
02:15 The Constitution does not give them the power.
02:17 Neither the Election Commission nor the Government is accepting it.
02:20 So, if they want to seek guidance on this,
02:22 if they want an interpretation,
02:24 then to whom will they go?
02:26 Our rules of business say that they have two options.
02:31 One option is that they have a legal consultant in their internal house.
02:37 And that consultant is qualified to be the judge of the Supreme Court.
02:41 And even now, there is a judge of the Supreme Court.
02:44 He has an office.
02:46 And he can take advice on this.
02:48 The second option is that the entire process of the Federal Government is that
02:52 if you want any advice,
02:54 you ask for it from the Law Ministry.
02:57 And if your Law Ministry gives you advice and you do not agree with it,
03:02 then the right to give it as a veto advice in our country,
03:06 in the Constitution, in the rules of business,
03:08 is up to the Attorney General of Pakistan.
03:11 If you want to address things out of court,
03:14 or if you want to seek advice from the law,
03:17 this is one option.
03:19 And in case of conflict between Presidency and Executive,
03:22 then also, of course, there will have to be a way out.
03:25 No, now you see,
03:27 if this was the case,
03:29 if they had,
03:31 let me tell you first,
03:33 that the entire problem in Pakistan is starting from the "if" and "but".
03:37 Despite the fact that the things in our Constitution are very clear,
03:41 despite the fact that in our country,
03:44 if you look at the history of the last quarter of a year,
03:47 there is a very interesting thing in English,
03:49 that if you want to assess a person's personality,
03:53 how he is performing,
03:55 then two things will come to you.
03:57 How is his frame of mind?
03:59 If you know his frame of mind,
04:01 then how is his behavior,
04:03 and how is his consistency in that process?
04:06 If you look at that consistency,
04:08 then from the last March,
04:10 the game that is being played in this country,
04:12 then you will understand everything,
04:14 how we want to...
04:16 No, that is your assessment, but now,
04:18 to the question, what is the purpose of this letter today?
04:20 Did you just do an exercise?
04:22 Now, let me tell you,
04:24 the purpose is that
04:26 the President of Pakistan knows that
04:28 at this time, I cannot announce the election schedule,
04:31 nor can the Election Commission,
04:33 because the command of 51-5 has been given
04:36 under Article 153,
04:38 and until the process is completed,
04:40 the Election Commission cannot do it under Article 224.
04:44 The President knows that
04:46 I did not dissolve it under the advice of 48-5,
04:49 because there is a lot withstanding,
04:52 that if you have dissolved the assembly under 58-2,
04:55 that a vote of no confidence against any Prime Minister should succeed,
04:58 and no other person
05:00 should be able to take a vote of confidence,
05:03 then you can do it without the advice of the President.
05:08 You know that
05:10 the amendments have been passed under the Election Act,
05:13 and under 57 and 58,
05:15 those things have been withdrawn from you.
05:17 Now, the purpose of this is
05:19 to increase the turmoil
05:21 in the political process.
05:24 To show your loyalty,
05:27 the loyalty that they have been showing for the past year and a half,
05:30 that when the process of Article 95 was frustrated,
05:34 they accepted the advice of the former Prime Minister,
05:37 and the Supreme Court set aside.
05:39 After that, you know that
05:41 Mr. Chima's governor had a big issue in Lahore,
05:43 and you have taken care of it.
05:45 No, no, that is part of the record, Mr. Hafiz,
05:47 we have seen everything.
05:48 No, I will tell you that,
05:49 and then it went to the High Court,
05:50 Chief Justice gave an observation,
05:52 the President retrieved it.
05:53 Then after that, you are seeing
05:55 that your National Security bills came,
05:57 you have been invoking Article 75 for five and a half years,
06:01 you are answering, you are not answering.
06:03 You have written and sent in both the forms,
06:06 you did not do it in it.
06:07 And when that time was completed,
06:09 the news notification was received,
06:10 you tweeted from a private account,
06:12 and your tweet,
06:14 your own security,
06:15 it rebuts that
06:16 President, you are making a wrong statement.
06:18 After that, you see that
06:20 when this matter came,
06:21 when you dissolved the Assembly on 9 August,
06:24 if you had been so sure,
06:26 then you would have said at night,
06:27 that the Election Commission of Azerbaijan
06:28 would have given the same argument.
06:29 This is absolutely right,
06:30 Mr. Chaudhary Ghulam Sain has also given the same argument.
06:32 Mr. Chaudhary is also asking you a question.
06:34 Yes, Mr. Chaudhary.
06:35 This is just Mr. Ghumman,
06:36 adding to the political divide,
06:38 continuing the political instability,
06:40 and there is no point in it.
06:41 Yes, yes.
06:42 Please forgive me.
06:43 No, no, please Mr. Chaudhary,
06:44 how can this be done?
06:45 You go and inform Mr. Ghumman and Mr. Hafiz,
06:48 and remove the President from there.
06:50 This is the solution to this.
06:51 No, Mr. Chaudhary, we are removing him.
06:53 We know that.
06:54 No, you are not making a wrong statement.
06:56 Please forgive us.
06:57 The political situation is in a state of chaos.
06:59 The situation is in a state of chaos.
07:01 But Pakistan should always be involved in this matter.
07:04 Yes, Mr. Hafiz, listen to Mr. Chaudhary's argument.
07:06 Please tell me,
07:07 can all these things in Pakistan
07:09 reverse these things,
07:11 that the decision of 51-5 of the CTI,
07:13 without setting aside,
07:15 within 224 days, within 90 days,
07:17 Mr. Hafiz, an argument is being raised against this,
07:20 you have to go to the Supreme Court.
07:22 Mr. Ghumman, let me tell you,
07:23 the arguments that you are making are different.
07:25 Listen to me, I will go.
07:26 One second, the arguments that are different.
07:28 Yes, Mr. Chaudhary, listen to him.
07:29 Yes, Mr. Chaudhary, go ahead.
07:30 You are continuously speaking, Mr. Ghumman.
07:33 Take another point.
07:34 No, no, Mr. Chaudhary, you are making a mistake.
07:36 The President is not of a foreign country.
07:37 He is the President of Pakistan.
07:39 If he has written anything,
07:40 then there should be respect for it.
07:43 You have destroyed the roots of this country.
07:49 You have not written about Punjab.
07:51 You have not written about the elections in KP.
07:54 You have not written about the elections in KP.
07:55 What did you like about the advice of Azhar Shahbaz?
07:59 The President said that he is giving the date of the elections.
08:01 So you give it.
08:02 Mr. Chaudhary, tell me one thing.
08:04 No, take out the second point.
08:06 Take out the answer first.
08:08 No, no, no, this is an extreme view.
08:11 If you tell that the first thing was wrong,
08:14 was inappropriate,
08:15 or should not have been like this,
08:17 then on the basis of that,
08:18 you have made the second thing wrong too.
08:20 Let's move on to the next topic.
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