Chief Justice of Pakistan Qazi Faez Isa has expressed hope that judges in the majority would reflect on their “mistakes and make necessary corrections” in the reserved seats verdict, saying that the judgement lacked sight of basic.

“I do hope and expect that my distinguished colleagues in the majority will reflect and correct their mistakes and ensure that Pakistan is governed in accordance with the Constitution of the Islamic Republic of Pakistan,” he said in his dissenting note on the case that awarded Imran Khan’s PTI more seats in Parliament.

In July, a full-court bench of the Supreme Court set aside orders of the Peshawar High Court and ECP taking away reserved seats from the Sunni Ittehad Council. The court ruled that the PTI should be considered a political party and given reserved seats.

The ECP sought guidance from the SC on the statement that in absence of a valid organizational structure of PTI, who would confirm the political affiliation of the returned candidates (MNAs and MPAs) on behalf of PTI, who have filed their statements in light of the SC’s July 12 order.

In a clarification on September 14, the SC disposed of the ECP’s petition and stated that the electoral authority’s request for clarification “is merely a delaying tactic.” The apex court noted that the ECP’s failure to perform the SC order might have consequences.

Then in its detailed order, the apex court said that election authorities denying major political party recognition infringes upon the electorate’s rights.

Earlier this month, the SC issued another clarification and said that amendments to election laws cannot overturn the Supreme Court’s ruling in the reserved seats case. In its 14-page dissenting note, CJP Isa said that the majority of eight judges decided to part ways with the court, comprising of thirteen judges, which had heard the appeals.

“The majority set up its own virtual court, permitted the making of ‘an appropriate application’ by the ECP and PTI, and directed that such appropriate application would only be heard by them whilst cloistered in Chambers. In doing this the majority of the Hon’ble Judges effectively legislated, because neither the Constitution nor any law permits what they did,” it said.

He added that the majority judges’ decision to state that only the judges constituting the majority would hear the application was “not the only contradiction.”

CJP Isa said: “The majority’s judgment, with respect, lost sight of the basics.” He was of the view that it was best not to interpolate one country’s constitution with that of another.

“The applicable provisions of our constitution are clear and selfevident, and it is best not to look for meaning which does not exist in the Constitution of the Islamic Republic of Pakistan,” he said.

Background

Members of Imran Khan’s political party, the PTI, were forced to run as independent candidates in the February general elections after the SC ruled that the party’s internal elections were flawed. As a result, the PTI candidates were not allowed to use the party’s cricket bat symbol during the campaign.

Despite running as independents, the PTI-backed candidates won the most seats in the National Assembly. To secure the reserved seats, they joined the religiopolitical party, the SIC.

The reserved seats are allocated to different political parties in proportion to the number of general seats each party wins during elections. This is done to promote greater political representation and inclusion of these traditionally underrepresented groups in the government.

The ECP decided not to allocate the reserved seats to them on “technical grounds” and distributed the SIC’s share among other parties.