Supreme Court of Pakistan Justice Atther Minallah remarked that reserved seats could be given to Pakistan Tehreek-e-Insaf (PTI) after rectifying mistakes. The Supreme Court of Pakistan (SCP) adjourned the hearing of the Sunni Ittehad Council (SIC) reserved seat case till Tuesday (tomorrow).
A 13-member division full bench led by CJP Qazi Faez Isa consists of Justices Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Muhammad Ali Mazhar, Aminuddin Khan, Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan, Naeem Akhtar Afghan, Ayesha Malik, and Athar Minallah.
Justice Musarrat Hilali is not included on the bench due to health issues.
SC Chief Justice Qazi Faiz Isa remarked all these issues should be discussed in Parliament and questioned why there was a Supreme Court for everything.
“Some go happy and some angry from here,” CJ said.
CJP remarked: “One way would be to leave the seats vacant, for you and no one else. However, according to Article 51, seats cannot be left vacant. Either say ignore Article 51.”
“SIC is a party,” Chief Justice Qazi Faiz Isa said.
“You are calling yourself a party on a piece of paper, you did not contest the election. What do people who join it want? We have to protect the rights of every person,” CJP remarked.
Chief Justice Qazi Faiz Isa inquired to tell us about the beneficiary parties. To which Faisal Siddiqui replied: “MQM is one seat beneficiary, PPP got 2 seats of the National Assembly from Punjab. PMLN got 9 seats of NA from PML-N Punjab. PML-N got 4, JUI 2 from Khyber Pakhtunkhwa.”
“When we talk about democracy, we should see full democracy," said the Chief Justice of Pakistan.
He continued, "Non-partisan elections have also been held and you know who conducts them, the Chief Justice of Pakistan. Political parties have been against him."
Reflecting on the intricacies of electoral representation, the Chief Justice remarked, "A party with the highest number of votes in the country may be in the minority in the Parliament. It is a hybrid system."
Further discussing electoral dynamics, he stated, "A party may fight for a 100 seats and lose each seat by one vote. In such a case, that party will not be entitled to any specific seat."
The CJP asserted, "If the party first lists candidates for certain seats, the people have one option. If people don't like those people, they can vote against him."
The top judge questioned the timing of candidate lists, stating, "If this list is given earlier and not later, what is the use?"
The lawyers of the PML-N, the PPP, the Jamiat Ulema-i-Islam-Fazl (JUI-F) and the PTI-Parliamentarians (PTI-P) then came to the rostrum in person and apprised the court that they opposed the SIC’s petition.
Justice Athar Minallah's remarks
Justice Athar Minullah remarked this is what has happened with the Pakistan People's Party and PML-N in the past.
“Courts should interpret the Constitution by looking at all things. Everyone knows how the issue of constitutional rights should be interpreted,” Justice Athar Minallah said.
“The entire debate is taking place in the context of political parties. Can the Election Commission affect the right of voters? By correcting the mistake, seats can be given to PTI,” Justice Athar Minallah.
“Could the voters be left to suffer the consequences if the political party or the commission themselves make a mistake,” asked Justice Athar Minallah and could voters be disfranchised on technical grounds?
“This is a matter of the rights of political parties and not of individual personalities,” Justice Athar Minallah.
Justice Athar Minallah said the rights of the voters have to be protected. “Voters should be represented by political parties,” Justice Athar Manallah said.
Justice Mansoor Ali Shah's remarks
Justice Mansoor Ali Shah questioned whether it is necessary to take into account the right of voters to interpret Article 51.
“The real right belongs to the voters, everything else is an afterthought,” he remarked.
The Election Commission of Pakistan (ECP) did not stop independent candidates from joining the Sunni Ittehad Council.
“The Election Commission could have said this party did not contest the election. The ECP did not do so and recognized the members' membership in the Sunni Ittehad Council (SIC). After three days passed, the ECP said that you will not get reserved seats,” Justice Mansoor Ali Shah remarked.
“Now they can say you have joined, now I have come to ask for justice,” Justice Mansoor remarked.
“According to the notification, the Sunni Ittehad Council did not win any election seats. There is no logic in the Election Commission of Pakistan orders,” Justice Muneeb Akhtar remarked.
“Election Commission on one side says the Sunni alliance did not contest the election, then accepted it as a parliamentary party. It has already happened if PTI's involvement is behind declaring it as a parliamentary party. Suppose there was a mistake by the SIC. The ECP could have corrected it,” the judge remarked.
To which Justice Jamal Mandukhel remarked, “If this happens, the reserved seats will go to PTI and not to SIC.”
Justice Irfan Saadat's remarks
Justice Irfan Saadat remarked: “We discussed but did not read the definition of the political party.”
“How can it be called a political party which did not contest the election and what will be the status of an independent who joins the party which is not a party,” he questioned.
“I think it will have no status,” Justice Irfan Saadat answered to his questions raised in the court.
Justice Jamal Mandukhel's remarks
Justice Jamal Mandukhel remarked: “People have voted for Pakistan Tehreek-e-Insaf (PTI).
He added that people were misguided about the verdict on the bat symbol for the PTI case. “Independent candidates could have joined the SIC if they wished to join,” the judge remarked.
SIC lawyer Faisal Siddique represents case
SIC lawyer Faisal Siddiqui said according to the law, a party doesn't need to contest elections for reserved seats.
“If independent candidates also join the party, then specific seats could be given. In the past, there was a law that it is necessary to contest elections for specific seats and get 5% votes. That law was later repealed,” Faisal Siddiqui said.
CJP inquired: “Sunni Unity Council did not contest the election, is this the real position,” Siddique replied: “Yes, that is the whole controversy.”
Faisal Siddiqui added that the Election Commission of Pakistan (ECP) recognized the Sunni Ittehad Council (SIC) as a parliamentary party.
Naeem Panjutha reacts to today’s court hearing
Pakistan Tehreek-e-Insaf's lawyer Naeem Panjutha talking to the media outside the Supreme Court said that court's remarks are very important in today's case.
“If a party does not get the electoral symbol, its status remains as a party. Anwar-ul-Haq Kakar's statement is also in front of everyone. Reserved seats cannot be taken away and given to another party,” Panjotha emphasized.
He alleged other parties were hungry for PTI seats and claimed prosecution failed to prove its case.
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