ISLAMABAD: Chief Justice Qazi Faez Isa sought explanation from the SC Deputy & Assistant Registrars (Implemen-tation) and Webmaster regarding uploading of second clarification by eight judges on PTI reserved seats.
The chief justice directed Deputy Registrar (Implementation) Mujahid Mehmood, and Assistant Registrar (Implementation) Muhammad Shahid Habib, to submit their explanation why the said letter/notice was issued before it was filed in the office.
On the other hand; the Webmaster Asim Javed was ordered to explain why the said ‘Clarification’ was uploaded on the Supreme Court website on 18th October, 2024 when the same had not been filed in the office.
Reserved seats: Election Act amendment cannot override July 12 ruling: SC
The CJP Faez letter to them states; “It was reported that a ‘Clarification’ was issued on 18th October, 2024 by eight judges when I was in the midst of writing my judgment in civil appeals No.333 and 334 of 2024. Therefore, I sent for the file but did not find the original of the said ‘Clarification’ therein.
However, the Assistant Registrar (Implementation) issued letter No. C.As 333-334/2024-SCJ dated 18th October, 2024 to 1) Secretary, Election Commission of Pakistan and 2) Pakistan Tehreek-e-Insaf through its Chairman (Barrister Gohar Ali Khan); even though the original of the said ‘Clarification’ is not on the file.“ The eight judges on 18-10-24 issued another clarification, which said; “No further clarification is required on its short order and judgment on reserved seats to the Pakistan Tehreek-e-Insaf (PTI), has binding effect under Article 189 of the constitution, therefore it should have been implemented.
Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Irfan Saadat – also clarified; “The amendment made in the Elections Act cannot undo our judgment with retrospective effect.”
The eight judges, in their first clarification, censured the Election Commission of Pakistan (ECP) over confusing its July 12 order on reserved seats, and warned of consequences if not implemented forthwith.
Copyright Business Recorder, 2024