The Supreme Court has adjourned the hearing on Sunni Ittehad Counsel’s (SIC) appeal regarding the reserved seats till July 9, as Justice Athar Minallah remarked that it was proved that the Election Commission of Pakistan misinterpreted the court’s decision.
A 13-member bench led by Chief Justice of Pakistan Qazi Faez Isa heard the SIC’s appeal against the verdict of the Peshawar High Court on Tuesday.
Led by Chief Justice of Pakistan Qazi Faez Isa, the bench includes Justices Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan and Naeem Akhtar Afghan.
The hearing was being livestreamed on the Supreme Court of Pakistan’s YouTube channel.
The SIC was deprived of reserved seats for women and minorities in the National and provincial assemblies by the ECP after the general election. The decision was later upheld by the Peshawar High Court.
PTI-backed independents had joined the SIC after they contested the February 8 election without the bat symbol.
On Monday, the bench had asked the AGP to submit details of calculations of reserved seats with or without consideration of independents in the assembly.
At the hearing, Attorney General for Pakistan Mansoor Usman Awan informed the bench that the record regarding the allocation of reserved seats in 2002 and 2018 has been filed as per the direction.
The AGP said that the political parties would be eligible for reserved seats when they have won at least one seat. Makhdoom Ali Khan has stated that according to the Constitution, seats would be given to political parties and not to independent candidates.
He read the Constitution related to reserved seats in 2018 and said that there were 272 full seats in the House. The elections were postponed on three seats, he said and added that a total of 13 independent candidates were elected, and nine candidates joined political parties.
He said that the reserved seats formula was implemented on 256 seats and there were 60 women and 10 non-Muslim seats reserved in in 2018.
The AGP also informed the bench about reserved seats in provincial assemblies in 2018 and in 2002. He said that in the 2002 elections, 20% of independent candidates were elected in Balochistan, adding that they were not included in the determination of reserved seats.
In 2002, he said that for the first time in the National Assembly, reserved seats were fixed under Article 51 to give presentations to women and minorities. “If an independent candidate joins a political party, he/she will be considered a part of the party. The question is whether the SIC is eligible for reserved seats or not.”
Justice Athar Minallah remarked that Article 51 is the right of a political party. The ECP expelled a political party from the electoral process, which was an important question, he said and asked if was it not the responsibility of the SC to look into the violation of the law. Voters voted for a political party, he said.
On the occasion, the CJP remarked that has any party said that the seats would remain vacant? Each side says that the seats should be given to them, he said, adding that why they were spending time on the matter which was not before the apex court.
The CJP remarked that no one wants the seats to be kept vacant, adding that whoever gets as many seats in elections should be given as many reserved seats. To determine who gets how many seats “is not our job.”
The attorney general said that independent candidates cannot join a parliamentary party as it was essential for the party to win at least one seat this.
Justice Munib Akhtar remarked that the record of the ECP was admitting such members as affiliated to SIC. After considering such members as of SIC how ECP could deprive it of reserved seats, he added.
CKP Isa remarked that the SC decisions were based on justice and every decision followed the Constitution.
The AGP concluded his arguments. The court later adjourned the hearing till July 9.
