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Sunday, September 8, 2024

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Chief Justice | Time to Heed Constitution on Reserved Seats

 

The Chief Justice Supreme Court of Pakistan held a hearing on the case regarding reserved seats of the Sunni Ittehad Council.

A 13-member court docket, headed by Chief Justice Qazi Faez Isa, heard the case. Faisal Siddiqui, the prison professional for the Sunni Ittehad Council, provided arguments.

Arguments by Faisal Siddiqui

Faisal Siddiqui referenced diverse choices with the aid of the judiciary, including those using Justices Muneeb Akhtar, Jamal Mandokhail, and Mansoor Ali Shah. He emphasized that constitutional interpretations should align with natural limits.

Siddiqui argued that independent candidates can join any political party, accusing the Election Commission of Pakistan (ECP) of misinterpreting the definition of political parties and ignoring the constitution regarding reserved seats. He highlighted critical aspects of Articles 51 and 106. Emphasize that reserved seats should be allocate based on party lists submitted. Reflecting proportional representation according to general seats won.

Responses from Justices

Chief Justice Jamal Mandokhail questioned how parties not participating in elections could be allocated reserved seats. Emphasizing independent candidates’ freedom to join any political party.

Chief Justice Athar Minallah inquired about the implications of candidates joining other parties, suggesting it contradicted the argument.

Justice Shahid Waheed and Justice Muneeb Akhtar questioned the ECP’s decisions, deeming them dangerous interpretations.

Justice Aminuddin Khan pointed out that the candidates were initially from PTI. Questioning why their certificates were withdrawn if they still supported PTI.

Chief Justice Qazi Faez Isa emphasized that the court would adhere to constitutional and legal principles. Focusing on representing the Sunni Ittehad Council rather than PTI.

Key Discussions

Justice Jamal Mandokhail asked why the ECP did not file an appeal against its decision declaring candidates as independents.

Chief Justice Isa reminded Siddiqui to focus on the constitutional arguments. Reiterating that the court would not consider grievances against ECP.

Case Continuation

The hearing continued with breaks, discussing the complexities of reserved seats and candidates’ political affiliations.

Justice Yahya Afridi raised concerns about the constitution of the Sunni Ittehad Council, questioning its inclusivity towards women and non-Muslims.

The court considered various aspects, including whether the PTI and Sunni Ittehad Council merger would have resolved the issue.

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