‘SC must revoke the unconstitutional order’


Islamabad:

Judge Aminuddin Khan has observed that the Court Apex is bound by the Constitution and can revoke any unconstitutional verdict.

Judge Khan made this comment on Thursday while running a constitutional bank of 11 members (CB) of the Supreme Court that listens to the review requests presented against the verdict of July 2024, SC in the case of the reserved seats.

On July 12, 2024, a complete bank of the Apex court through the majority of 8 to 5 resurrected the PTI as a parliamentary part, and pointed out that 39 of the legislators who had submitted certificates of their affiliation with the PTI along with their nomination documents were already PTI legislators.

The SC ruled that the remaining 41 legislators who had not submitted the affiliation certificates at the time of presenting the nomination documents could now do so within a period of 15 days. Later, the government had presented revision requests against the verdict.

During Thursday’s hearing, Judge Muhammad Ali Mazhar questioned whether the Constitution demanded that the reserved seats should not remain vacant. Salman Akram Raja’s petitioner replied that the court had already declared that these seats cannot be covered.

Judge Jamal Khan Commandkhail asked what fundamental rights had been violated by not assigning seats reserved for the PTI, while Judge Naeem Akhtar Afghan asked if the court could fill a political vacuum for their own initiative. The court will resume the hearing today.

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