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Reserved Seats Case: Clarification by SCP’s 8 judges

ISLAMABAD: Eight judges of SCP (Justice Syed Mansoor Ali Shah; Justice Munib Akhtar; Justice Muhammad Ali Mazhar; Justice Ayesha A. Malik; Justice Athar Minallah; Justice Syed Hasan Azhar Rizvi; Justice Shahid Waheed; Justice Irfan Saadat Khan) in a 4-page clarification has made it clear on Saturday (14th September, 2024) to ECP (in response to its attempts to create confusion on the 12th July, 2024 verdict) that: “Putting together the record placed before us (SCP), and considering the same in light of the short order, leaves in little doubt that the clarification sought by the commission (ECP) is nothing more than a contrived device and adoption of dilatory tactics.”

SCP has ordered the Election Commission of Pakistan to immediately implement its original directions. Till this order the incumbent government were rejoicing that the 41 votes were up for grabs, but the SCP clarification gave finality to the status of these lawmakers (i.e.: they are members of PTI).

https://www.supremecourt.gov.pk/downloads_judgements/c.m.a._7540_2024.pdf

The verdict of 12th July, 2024:

It may be recalled that on 12th July, 2024 a 13-judge full bench of SCP had proclaimed that PTI was eligible to receive reserved seats for women and non-Muslims in the NA as well as the Provincial Assemblies.

Eight out of thirteen Judges of the Supreme Court Full Bench headed by CJP Qazi Faez Isa here on Friday (12th July, 2024) 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 is 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.

Reacting to the SCP verdict the Minister of Law and Justice Azam Nazeer Tarar maintained that the SCP’s verdict posed no threat to the incumbent government. Talking to journalists at a Presser held here he stated that the ruling coalition had clear majority in NA and PA.

Law Minister pointed out that it was SIC that went to the court apropos reserved seats, whereas, PTI was not a party nor it had sought any relief. Responding to a query about government’s plans to ask for a review, he said political entities affected by the verdict should decide about it.

JUI-F Chief Maulana Fazl-ur-Rehman stated that his party partially accepted the verdict and would not lodge an appeal against the SCP full-bench decision on reserved seats.

Chairman PTI Gohar Ali Khan, while lauding the verdict, noted that by means of the SCP ruling the power of incumbent government to amend the Constitution had been blocked.

Following the SCP ruling of Friday PTI will emerge as the largest party in the Parliament with 109 seats. PML-N, that happens to harbor 108 members, is expected to remain perched at the pinnacle with a simple majority of 209.

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