Judge Salahuddin Panhwar retired on Friday from the bank that listens to the case of the reserved seats.
A constitutional bank (CB) of 11 members led by Judge Aminuddin Khan is currently listening to the case.
In his brief order of July 12, 2024, eight of 13 judges concluded that 39 of 80 amn on the list were elected PTI candidates, positioning it as the largest party of the National Assembly.
However, the National Assembly has not yet implemented the ruling, and the Pakistan Electoral Commission (ECP) has raised several objections.
The Pakistan-Nawaz Muslim League (PML-N), the Pakistan Peoples Party (PPP) and the ECP have presented review requests that challenge the decision of July 12 of the Supreme Court last year.
The audience was briefly postponed for 10 minutes, but the bank has resumed the procedures.
The decision occurs after the objections were raised regarding their participation in the case.
Judge Panhwar, part of a bank of 11 members, chose to resign the case to preserve the dignity of the court.
In his comments, he mentioned that his previous association with the key players of the case, including lawyers Faisal Siddiqui and Salman Akram Raja, led to objections.
He stressed that his challenge was necessary to protect the integrity of the institution. But, he clarified that it should not be seen as an admission of the validity of objections.
The decision found mixed reactions in the courtroom. The lawyer Hamid Khan praised the passage of Judge Panhwar, but Judge Aminuddin Khan said that the situation arose from the conduct of the parties involved.
Judge Jamal Commandkhail echoed this feeling, highlighting that despite the controversy, Judge Panhwar had the opportunity to speak even when two lawyers of the same part generally cannot discuss the case.
On Thursday, the CB rejected the request of one of PTI’s councils to defer the hearing of the reserved seats until August, noting that the bank was intended to listen to the case daily.
Previously, the lawyer’s lawyer’s lawyer Akram Raja resumed his arguments in support of the majority order of July 12, 2024 of a complete SC bank.
He referred to the SC judgment in the case of the Sindh Superior Court bar, which, he said, serves as an example of how the SC can intervene for the restoration of the Constitution.
Read: CB refuses to suspend the case of seats reserved until August
“After the emergency imposed on November 3, 2007, several actions were taken, but the Supreme Court declared that the unconstitutional emergency, and all the actions taken later were also annulled.”
“The Court had ruled that the designated judges after the emergency had no legitimate status, and their elimination of seated judges was also declared illegal; the retired judges were reincorporated.”
During the hearing, Raja also referred to the allocation of seats reserved in the general elections of 2013, 2018 and 2024.
He said the registration shows that in previous elections, the political party that won general seats received reserved seats in approximately the same proportion.
“However, the situation is different in recent general elections. In Khyber Pakhtunkhwa, a party [PTI] That assured that 83% of the general seats were assigned zero reserved seats, “he said.
Judge Jamal Khan Commandkhail asked Raja about how the Apex court can prevent any politicians from challenging the elections independently.
“Suppose Imran Khan, Nawaz Sharif, Asif Zardari, Bilawal Bhutto or Maulana Fazlur Rehman, being the main leaders of the party, decide to play independently, how can we prevent them?” asked.
Judge Musarrat Hilali declared that losing an electoral symbol does not mean that the political party registry is canceled. PTI candidates joined the Sunita Ittehad (sic) council, but the sic was not present in Parliament, he said.
Judge Commandkhail said Raja cited the case of the SHC lawyers, but in that case, the facts were indisputable.
Judge Hasan Azhar Rizvi commented that in the elections not based on parts of 1985, a political party called himself the ‘Awam Dost’ party. “Did you present any term of this type? [for the PTI for the polls]? “Judge Rizvi asked.
The lawyer replied that the PTI introduced the term “Kaptaan Ka Sipahi.”
Judge Muhammad Ali Mazhar observed that there seemed to be a lack of coordination within the PTI.
Judge Commandkhail added that it seemed that the 39 members of the Assembly who openly declared their affiliation with the PTI were more sensitive. “
“Either they were more sensible or had greater pressure tolerance,” Judge Hilali added.
Remembering political events beyond, SIC’s lawyer Hamid Khan said that the decision in the intraparte electoral case of PTI was announced the last day for the allocation of electoral symbols.
“It was a Saturday, a holiday, but the case was heard until 11 pm that night. Our candidates were still waiting, wondering what the verdict would be.
At midnight, our electoral symbol was removed, and the deadline for the allocation of symbols was approved. After that, where do we stop?
He said that the ECP gave the ANP more time even though the ANP had not even held any choice “that we had made elections, but the ECP did not accept them.
We urge us to fine us, if necessary, but stripped us of our choice symbol. The same day, the ANP and the PTI were treated differently, “he said.
Judge Mazhar replied that the ANP was given a chance for the first time, while the PTI had already received several years. “The constitution of his party became more infallible; we can even say that it is better than others,” he said
Hamid Khan commented that it seemed that the PTI was punished for writing a better constitution. The CB also dismissed Hamid Khan’s request to defer the case until August. The court will resume the hearing at 9.30 am today.
On January 13, 2024, a three -member SC Bank confirmed the order of December 22, 2023 of the ECP that declared the surveys within the feast of the Null PTI and without vote.
As a consequence of the SC verdict and its erroneous interpretation by the ECP, PTI candidates had to dispute the general elections of February 8, 2024 as independents.
Eighty independent candidates arrived at the National Assembly and then joined the SIC in an apparent attempt to claim seats reserved for women and minorities.
However, the ECP refused to assign the seats to the party, a decision that the sic challenged in SC.
