The ruling parties have gained another victory on the legal front as a constitutional bench (CB) for the Supreme Court has set aside SC’s judgment of July 12, 2024, which had resurrected PTI as a parliamentary party and allowed the reserved seats in legislation.
“For detailed reasons to be recorded later, subject to reinforcement or lighting, as can be considered appropriate, by a majority of 7, all civilian reviews are allowed, and the intended majority judgment dated 12.07.2024 has been set aside.
“As a consequence, civil appeal no. 33 of 2024 and 334 of 2024 filed by SIC [Sunni Ittehad Council] Rejected and the judgment set aside by Peshawar High Court (PHC) has been restored, “said a short order issued by a 10 member CB, led by Justice Aminuddin Khan.
Apart from Justice Khan, the majority order was signed by Justice Musarrat Hilali, Justice Naeem Akhter Afghan, Justice Shahid Bilal Hassan, Justice Muhammad Hashim Khan Kakar, Justice Aamer Farooq and Justice Ali Baqar Najafi.
On January 13, 2024, an SC bench with three members maintained the Election Commission for Pakistans (ECP) 22 December 2023 order, declaring PTI’s Intra-Party vote invalid.
As a consequence of the SC judgment and its “erroneous interpretation” of the ECP, a majority of the PTI candidates had to contest on February 8, 2024 -elections as independent.
Eight such independent candidates reached the National Assembly and later joined SIC in an apparent bid to demand reserved seats for women and minorities. However, the ECP refused to assign the seats to the party, a decision that SIC contested in the Supreme Court.
On July 12, 2024, a full bench of the pointed right through a majority of 8 to 5 PTI as a parliamentary party resurfaced, noting that 39 of the legislators who had submitted certificates for their association with PTI with their nomination papers were already PTI legislators.
SC stated that the remaining 41 legislators who had not submitted the attachment certificates at the time of the nomination papers could do so within a period of 15 days.
The reigning coalition later filed a petition to the SC order. In May of this year, an 11 member CB took the reviews filed against SC’s majority order.
CB revealed its short order on Friday. Given the order, almost 80 reserved seats in national and provincial lawmakers will be distributed among parliamentary parties except SIC.
The verdict has paved the way for the reigning coalition to get two -thirds majority in parliament, which will have significant consequences for national policy.
However, some experts believe that the short order has further bulged the credibility of the post-26. Constitutional amendments that are already facing a perception of perception.
The order has also completed the chance of the largest political party – PTI – to enter parliament. The order will also affect the senate choice in the Khyber-Pakhtunkhwa (KP) assembly. There are reports that the PTI-SIC government in KP is also in danger in view of the decision.
The majority decision did not specify how the reserved seats will be distributed among other parties and what will be the consequences of giving these seats to the parties.
Some lawyers believe that the short order has also weakened democracy in the country. They said that the majority judges had tried to restore democracy through July 12 -Order, but their efforts were wasted by their Brordmen.
Comment on the short order said SIC’s leading adviser Faisal Siddiqi: “This judgment shows the dark ghost of [Justice Qazi] Faez Isa lives and kicks. The journey from stealing the folk election to stealing the reserved seats has ended. “
Barrister Asad Rahim Khan said CB showed “remarkable consistency and handed another terrible judgment”. For the first time in our history, he said, political parties that lost the election will be distributed the winner’s seats, despite the fact that no law in the country allows this.
“Instead, we have a 12-member review bench-one mostly cleaned by judges from the original bench, in full violation of the Supreme Court’s rules he claims that random technical is enough to defeat voters and upon its representatives,” he added.
“In another Black Swan event, this 12-members review bench overturned the verdict on a 13-member bench! But black swans are the new normal after the 26th change.
“This is only the latest tragedy in a long -standing legal surrender. A rejected regime will now be handed over a two -third majority to tear the constitution seriously,” he added.
Abdul Moiz Jaferii Advocate stated that this decision is a surprising erosion of democratic principles through defective and constructed legal processes. It follows other corrosive decisions that started several years ago, and peaked at the verdict on January 13 of Justice Isa-led bench.
“When we come down on the other side of the mountain, there are several other such corrosive decisions that I am sure will come after that,” he said. “We can only hope that every such point on the way down will be recorded and live streamed. I would like to thank my masters for having put this on the record.”
He said there should be a duration for the process that the judiciary participates in the day so that it can be taught for tomorrow’s lawyers. “Whether it is a warning or as an example to follow – is not yet determined,” he added.
However, Hafiz Ehsaan Ahmed Khokhar said the Supreme Court is a constitutional court tasked with interpreting – not rewriting – the Constitution. Its jurisdiction is rewritten by legal boundaries.
“Today’s majority decision has respected these boundaries and confirmed the binding nature of articles 51 and 106 of the Constitution.
“It rightly stated that only political parties that meet the requirements for the election, competition choice under a common symbol, submit priority lists within the prescribed period and secure at least one general seat, are entitled to reserved seats.
“This judgment not only restores constitutional clarity and election, but also marks a critical turning point in restoring legal discipline and institutional balance in Pakistan’s democratic framework,” he added.
Some senior lawyers said the review order has been accepted by a majority of 10 to 2 judges.
The order
The order said that one of the members of the larger bench – Justice Salahuddin Panhwar – for certain reasons, repeated himself from hearing the case and contributing his separate note. Therefore, the bench was reconstituted with all the available members of CB.
“Originally, this CB was composed to hear about the above review petitions of 13 Hon’Ble judges from this court, but two of them – Justice Ayesha A Malik and Justice Aqeel Ahmed Abbasi – on the first consultation date have rejected all the petitions.”
The order also said that Justice Jamal Khan Mandokhail for reasons for being registered later, partly allowed the audit appointments and maintained his original order with regard to 39 seats, but underwent the majority decision to the scope of 41 seats.
“While Justice Muhammad Ali Mazhar and Justice Syed Hasan Azhar Rizvi, for reasons to be registered later, also reviewed the verdict and permitted review petitions with rider documents of all 80 returned candidates using the Novo training with regard to their attachment and make appropriate decision in accordance with law and applicable regulations for the allocation of reserve of this order.
Interestingly, both of the judges reviewed their own opinion. They had approved the majority decision on July 12.
