ISLAMABAD: SCP has released a 70-page detailed verdict (penned by Justice Mansoor Ali Shah) on its 12th July Order apropos reserved seats case, here on Monday (23rd September, 2024).

ISLAMABAD: The majority verdict announced by Justice Syed Mansoor Ali Shah has support of Justices Munib Akhtar, Muhammad Ali Mazhar, Ayesha A. Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed and Irfan Saadat Khan.

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Eight judges in the majority judgement said: … surprised us during the proceedings of these appeals are the way the Commission participated in and contested the matter before us as a primary contesting party against SIC and PTI.

SCP, maintaining that PTI was a political party and eligible for the reserved seats, said when ECP makes mistakes impacting electoral process, judicial intervention becomes necessary.

Observing that unlawful acts of ECP, ROs caused prejudice to PTI, SCP held that by denying PTI recognition Commission was infringing upon the rights of the electorate.

SCP also annulled a previous ruling by the PHC, affirming that the reserved seats should be allocated to PTI.

Holding, while ECP had failed to perform its role as guarantor institution of democratic processes, SCP noted that the dissenting notes (by Justice Aminuddin Khan and Justice Naeem Akhtar Afghan) fell short of courtesy, restraint required of superior court judges.

Federal Government rejects the detailed judgement:

Federal Government, despite the detailed verdict of the SCP, refused to allocate 80 SIC MNAs to PTI. SCP , that gave 41 parliamentarians a chance to resubmit their party affiliations, had ruled that out of a list of 80 MNAs, 39 belonged to the PTI.

Law Minister Azam Nazeer Tarar talking to jounrlists at a Presser held immediately after the detailed judgement was announced, said: “Legal question still remains in place […] the detailed judgement didn’t interpret how the reserved seats will be allocated to the party as per the current regulations.”

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