The ruling parties obtained another victory in the Legal Front as a Constitutional Bank (CB) of the Supreme Court has set aside the Judgment of July 12, 2024 of SC, which had risen to the PTI as a parliamentary part and allowed it to obtain seats reserved in legislatures.
“For detailed reasons to be registered later, subject to amplification or clarification that is considered appropriate, by most of the 7, all the requests for civil review are allowed and the judgment of the challenged majority is reserved dated dated 12.07.2024.
“As a consequence of it, the civil appeal 33 of 2024 and 334 of 2024 presented by the sic [Sunni Ittehad Council] They are dismissed and the sentence issued by the Superior Court of Peshawar (PHC) is restored, “said a short order issued by a CB of 10 members, led by Judge Aminuddin Khan.
In addition to Judge Khan, the majority order was signed by Judge Musarrat Hilali, Judge Naeem Akhter Afghan, Judge Shahid Bassan, Judge Muhammad Hashim Khan Kakar, Judge Aamer Faooq and Judge Ali Baqar Najafi.
On January 13, 2024, a three -member SC Bank confirmed the order of the Pakistan Electoral Commission (ECP) on December 22, 2023 that declares the intrapartamental surveys of the null and null PTI.
As a consequence of the SC verdict and its “misinterpretation” of the ECP, most 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 the Supreme Court.
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.
The ruling coalition then presented a request for review against the SC decision. In May of this year, a CB of 11 members took the review requests presented against the majority order of SC.
The CB announced its brief order on Friday. In view of the order, almost 80 seats reserved in national and provincial legislatures will be distributed among parliamentary parties, except the SIC.
The sentence has raided the way for the ruling coalition to obtain two thirds of the majority in Parliament, which will have significant implications for national policy.
However, some experts believe that the short order has further abolished the credibility of the Judiciary of the Constitutional amendment after 26 of the 26 years, which already faces a battle of perception.
The order has also ended the possibility that the biggest political party, the PTI, enters Parliament. The order will also affect the Senate elections in the Khyber-Pakhtunkhwa (KP) assembly. There are reports that the PTI-SIC government in the 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 parts and what will be the implications 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 until the order of July 12 had tried to restore democracy, but their efforts were wasted by their brothers judges.
When commenting on the short order, SIC’s main lawyer, Faisal Siddiqi, said: “This trial shows the dark ghost of [Justice Qazi] Faez Isa is alive and kicking. The trip of stealing the general elections to steal the reserved seats is complete. “
The lawyer Asad Rahim Khan said that the CB showed “a remarkable consistency and issued another terrible verdict.” For the first time in our history, he said, the political parties that lost the elections will be distributed the winners of the winner, despite the fact that no law in the country allows it.
“On the other hand, we have a 12 members review bank, one mainly cleaned of judges of the original bank, in total violation of the rules of the Supreme Court, maintaining that random technicalities are sufficient to defeat the electorate and fly to its representatives,” he added.
“In another black swan event, this 12 members review has revoked the verdict of a bank of 13 members! But the black swans are the new normality after the 26th amendment.
“This is nothing more than the last tragedy in a judicial surrender of a year. A rejected regime will now receive a two -thirds majority, to tear the constitution seriously,” he added.
Abdul Moiz Jaferii Advocate declared that this decision is an uncomfortable erosion of democratic principles through defective and designed judicial processes. It follows other corrosive decisions that began several years ago, and reached its maximum point in the judgment of January 13 by the bank led by Judge Isa.
“When we go down to the other side of the mountain, there are several other corrosive decisions that I am sure they will come after that,” he said. “We can only expect each point on the road to be recorded and broadcast live. I would like to thank my lords for putting this on the disc.”
He said there should be a permanence in the process in which the Judiciary participates today, so that tomorrow’s lawyers can be taught. “Whether as a warning or as an example to follow, it has not yet been determined,” he added.
However, Hafiz Ehsaan Ahmed Khokhar said that the Supreme Court is a Constitutional Court responsible for interpreting, not rewriting, the Constitution. Its jurisdiction is circumscribed by legal limits.
“Today’s majority decision has respected these limits and has reaffirmed the binding nature of articles 51 and 106 of the Constitution.
“He properly said that only political parties that meet the pre -electoral requirements, the contest elections under a common symbol, present priorities lists within the prescribed period and ensure at least one general seat, are entitled to reserved seats.
“This judgment not only restores constitutional clarity and electoral equity, but also marks a critical turning point to restore legal discipline and institutional balance in the democratic framework of Pakistan,” he added.
Some superior lawyers said the review order has been accepted by the majority of the 10 to 2 judges.
The order
The order said that one of the largest bank members, Judge Salahuddin Panhwar, for certain reasons, withdrew from listening to the case and contributed to his separate note. Therefore, the bank reconstituted with all available members of the CB.
“Initially, this CB was constituted for a hearing of the review requests mentioned by 13 honorable judges of this court, but two of them, Judge Ayesha to Malik and Judge Aqed Ahmed Abbasi, on the first date of hearing, have dismissed all the review requests”
The order also said that Judge Jamal Khan Commandkhail, for reasons that will be recorded later, partly allowed the review requests and maintained its original order with respect to 39 seats, but reviewed the majority trial to the extent of 41 seats.
“While Judge Muhammad Ali Mazhar and Judge Syed Hasan Azhar Rizvi, for reasons that will be registered later, they also reviewed the sentence and allowed the review requests with the driver who, from the factual controversy or the issues disputed of facts, could not resolve the PHC or this court in the original jurisdiction or review, therefore, the directions are issued to the ECP ECP to the ECP to the exams and could not be resolved by the court or in this court in the original jurisdiction, therefore, the nomination and declaration of the ECP are issued to the ECP to the ECP to the ECP and to the declaration of this court. Assignment of reserve seats within 15 days after receipt of the copy of this order. “
Interestingly, both judges reviewed their own opinion. They had supported the majority decision of July 12.
