The federal government on Monday once again ruled out the reallocation of 80 MNAs of the Sunni Ittehad Council (SIC) to the PTI despite the issuance of the long-awaited detailed Supreme Court verdict in the reserved seats case.
The 8-5 majority July order had declared ex-premier Imran Khan’s PTI eligible for seats reserved for women and minorities, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition. The eight judges had ruled that out of a list of 80 MNAs, 39 belonged to the PTI, and gave 41 others the chance to resubmit their party affiliation. Despite the 8-5 split, 11 out of the 13 judges had declared the PTI a parliamentary party.
A litany of developments occurred since the verdict from changes in the elections law seeking to bar the PTI-backed ‘independent’ legislators from joining the party to the apex court rebuking the Election Commission of Pakistan (ECP) for not fully implementing its short verdict. Moreover, the National Assembly speaker wrote a letter to the ECP, telling it that the court order could not be acted upon.
The 70-page detailed judgment released today was authored by Justice Mansoor Ali Shah, who is set to succeed incumbent Chief Justice of Pakistan Qazi Faez Isa as the top judge in October.
Addressing a press conference later in the day, Law Minister Azam Nazeer Tarar said the recent amendments in the Elections Act were still in play and thus, as per the law, it was not possible to “reverse the clock” regarding the status of lawmakers.
He said various prior court verdicts maintained that parliament’s right to legislation would have greater priority over the apex court’s verdicts.
Tarar said the review petitions against the reserved seats’ verdicts were still valid and had gained even more importance after the detailed verdict.
The minister said he was also “pained” by the “strict words” used for the two dissenting judges in the detailed note. “All judges in the court are equal and seniority does not weigh on decisions … difference is the beauty of debate and logic whenever we look at something in-depth and different opinions emerge and something better is found from them,” he added.
Tarar said the issue on the constitutional and legal plane was that the list of lawmakers to be allocated had to be decided as per the law despite whatever the detailed verdict said. He added that the recent Elections Act amendments were now a part of the law.
“In their presence, how these seats are to be allocated and what is the way for that law to be overruled, these are all the questions to which the answers are not in this detailed verdict.”
Tarar said the court’s interpretation should not go to the extent of “changing the plain letter of the law and Constitution”.
Regarding the future after the verdict, Tarar said: “The uncertainty is still there. As per the country’s law, those considered independent lawmakers cannot leave the SIC since their action is irreversible.”
He said keeping in mind the relevant provisions of the law, the seats could not be given to the PTI. “The court’s verdict is otherwise. It seems to me there is a need for a further round of litigation,” Tarar added.
We want our seats notified: PTI Chairman Barrister Gohar
Meanwhile, PTI Chairman Barrister Gohar Ali Khan said that despite a clear ruling from the Supreme Court, the ECP had not issued a notification confirming the PTI’s reserved seats.
“They have had four meetings now, yet they still have not notified us,” he said.
“We demand that the ECP notify our reserved seats as soon as possible.”
“The Supreme Court said that the Election Commission cannot take such a decision against any party,” Gohar added, stating that 40 of the 41 PTI candidates submitted affidavits to the Commission.
The chairman added that the PTI held a core committee this morning and discussed the SC’s decision. “The Supreme Court has further strengthened democracy,” he said.
“Any candidate nominated by the party shall always be considered as the party’s candidate.
“The Supreme Court has reflected the long-standing demand of all political parties, while the Election Commission has compromised on its independent status,” Gohar said.
Gohar added that the PTI has already filed a reference against the ECP, calling it a “charge sheet”.
“The Supreme Court has a constitutional responsibility to investigate those failing to perform their role to ensure free and fair elections,” he said, explaining that anyone can file a reference against the ECP or the chief election commissioner.
The chairman maintained that the ECP “needs to fulfill its responsibility”.
Gohar also announced that the party would hold a rally in Rawalpindi on Saturday (September 28). “We applied for a no-objection certificate today and request that the Punjab Government grant it,” he said.
“We do not accept any amendments that will hinder the courts and transfer judges at will,” the chairman added. “We will not accept courts where the prime minister hand picks judges … we will condemn this.”
