‘PTI was not party in case involving reserved seats,’ SC judges say in dissenting note

  • Any decision not following the Constitution is not binding on any constitutional institution, reads the note
Updated 03 Aug, 2024

Supreme Court Justices Aminuddin Khan and Naeem Akhtar Afghan issued detailed dissenting opinions on the top court’s short ruling on the reserved seats case, stating that PTI was not a party in the case, Aaj News reported.

“Any decision not following the Constitution is not binding on any constitutional institution,” the judges asserted.

“If 80 members of the assembly change their stance due to the majority decision, they can also be disqualified.”

Reserved seats case: SC’s verdict on SIC plea put off till today

Sunni Ittehad Council (SIC) did not participate in the general elections as a political party, according to the judges. The chairman of the Sunni Ittehad Council ran as an independent candidate.

The note stressed, “PTI was not a party to the current case, and to provide relief to PTI, it would be necessary to go beyond the jurisdiction conferred by Articles 175 and 185.”

They added, “To grant relief to PTI, Articles 51, 63, and 106 of the Constitution would have to be suspended.”

Win for PTI as SC declares party eligible for reserved seat

The Supreme Court (SC) earlier this month declared former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party eligible for seats reserved for women and minorities.

The 13-member SC bench annulled the Peshawar High Court’s previous order as unconstitutional. The Sunni Ittehad Council (SIC) had demanded that 77 seats for women and minorities, which were originally allotted to Prime Minister Shehbaz Sharif’s ruling coalition be reallocated to the PTI-backed party.

The ruling coalition still has well over 200 members of the 336-member lower house of parliament. Imran’s party strength stood at 84 before the decision and is now expected to rise to over 100.

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