ISLAMABAD, Jun 16 (APP):The Supreme Court on Monday adjourned the hearing on review petitions against its verdict on reserved seats until Tuesday.
An eleven-member constitutional bench, headed by Justice Aminuddin Khan, heard the petitions challenging the Court’s earlier decision on the allocation of reserved seats.
Other members of the bench included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, Hashim Khan Kakar, Salahuddin Panhwar, Aamer Farooq, and Ali Baqar Najafi.
At the outset, Justice Aminuddin remarked that the relief initially meant for the Sunni Ittehad Council (SIC) was instead granted to Pakistan Tehreek-e-Insaf (PTI). Addressing SIC’s counsel, Faisal Siddiqi, he asked whether the counsel agreed with the Court’s earlier verdict. Siddiqi responded affirmatively.
Justice Jamal Mandokhail questioned whether the reserved seats could have been left vacant and asked for assistance on the point. Siddiqi replied that he would first like to thoroughly read the majority judgment. He added that since PTI and SIC shared a mutual interest regarding reserved seats, there was no objection to PTI receiving them.
Justice Mazhar, however, challenged this notion, questioning how the two parties could have the same interest given their differing constitutions and structures. Justice Mandokhail opined that both parties had a common interest in the reserved seats.
Justice Mandokhail noted that the verdict came on January 13, whereas nomination papers were submitted in December, and many candidates had then declared independent status. Justice Mazhar pointed out that PTI still participated with its electoral symbol. Siddiqi responded that the Election Commission had withdrawn PTI’s symbol on December 22, 2023.
Justice Mandokhail added that the majority decision declared 41 candidates as unaffiliated with any party — the ECP was right for 41 and wrong for 39. All judges agreed SIC was not entitled to reserved seats, as a party must contest elections and win at least one seat to be eligible. However, no restriction exists on members joining a party afterward.
Justice Mandokhail reiterated the Court’s assumption that the 39 members joined no one.
During the proceedings, the Khyber Pakhtunkhwa government and KP Assembly Speaker Babar Saleem Swati requested to be made party to the case. The KP Advocate General argued that they were parties in the Peshawar High Court and Supreme Court earlier, so should be included in the review case too.
The Attorney General objected, saying they were not parties in the main case at the Peshawar High Court, only in the Supreme Court. The Court issued notices on the applications.
The Court adjourned the hearing until Tuesday ( June17). Faisal Siddiqi will resume his arguments on behalf of the Sunni Ittehad Council.
