ISLAMABAD: SCP Justices Aminuddin Khan and Naeem Akhtar Afghan in their 29-page detailed dissenting opinion apropos the 12th July verdict allocating reserved seats to PTI noted on Saturday (3rd August, 2024) that it was not a party to the case.

Justices Aminuddin Khan and Naeem Akhtar Afghan pointed out that providing relief to PTI was beyond the jurisdiction of Articles 175 and 185 of the Constitution as it was not a party in the case: “For creating and carving out relief in these proceedings for PTI, we would have to travel beyond the jurisdiction conferred by Articles 175 and 185 of the Constitution and would also have to suspend Articles 51, 106 and 63 of the Constitution and section 104 of the Elections Act, 2017 along with the relevant rules.”

They further held: “Any decision not in accordance with the Constitution is not binding on any constitutional institution…If 80 members of the assembly change their stance due to the majority decision, they can also be disqualified..”

It may be recalled that on 12th of July, 2024 eight out of thirteen Judges of the Supreme Court Full Bench headed by CJP Qazi Faez Isa here have ruled in favor of PTI, saying that ECP’s decision of allocating reserved seats to the ruling coalition was unconstitutional and ordered that the (minority and women) Reserved Seats should be given to IK’s party.

The majority verdict was given by Justice Mansoor Ali Shah, Justice Shahid Waheed, Justice Ayesha Malik, Justice Irfan Saadat, Justice Athar Minallah, Justice Muneeb Akhtar, Justice Hasan Azhar Rizvi, and Justice Muhammad Ali Mazhar.

Following the SCP ruling PTI went back as a party in the assemblies: “PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024”.

By means of the verdict penned by Justice Mansoor Ali Shah the PHC Full Bench verdict of March, 2024 (upholding the ECP decision of  denying the reserved seats to PTI-backed SIC) and ECP’s 13th May notifications were annulled, terming them against the Constitution of Pakistan.

It may be recalled that on 13th May, 2024, ECP had suspended, till further orders, the notifications of 75 (NA and PA) lawmakers who returned on reserved seats.

Newspakistan.tv