SC to hear ‘PTI's reserved seats case' tomorrow
It is expected that an 11-member Constitutional Bench, which has been hearing the case since May 6, 2025 will conclude it next week, if the lawyers of Sunni Ittehad Council (SIC) complete their argument by June 17.
Advocates Faisal Siddiqui and Hamid Khan are representing the SIC in this case.
Faisal in the last proceedings had assured the bench that he would conclude his submissions in the next hearing.
The PML-N, PPP and the ECP have submitted their written arguments. The ECP has contended that as PTI was evidently not party to proceedings before the ECP; therefore no relief could have been lawfully granted to it vide the majority judgement, even by exercising power under Article 187(1) of the Constitution.
Justice Mansoor Ali Shah, who had authored the majority judgment (8 judges), and Justice Munir Akhtar, Justice Athar Minallah, and Justice Shahid Waheed, who agreed with Justice Mansoor are not part of the bench, hearing the review petitions of Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples' Party (PPP) and the Election Commission of Pakistan (ECP).
The Supreme Court's 11 judges on July 12, 24 ruled that Pakistan Tehreek-e-Insaf is a political party and entitled to reserved seats of women and non-Muslims to Pakistan Tehreek-e-Insaf (PTI) in the National and the Provincial Assemblies. A Full Court of 13 judges had announced five separate short orders.
Eight judges comprising 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 Khan passed one set of order, while Chief Justice Qazi and Justice Jamal Khan Mandokhel released separate note. Similarly, Justice Yahya Afridi, Justice Amin ud Din Khan, and Justice Naeem Akhtar Afghan wrote their own independent notes.
The order of eight judges had set aside the Peshawar High Court (PHC) judgment and declared the ECP order on reserved seats ultra vires the constitution. They held that the PTI was and is a political party, which secured or won general seats in the National and Provincial Assemblies in the General Elections of 2024.
The two judges' order also set aside the PHC judgment to the extent to exclude the PTI for calculation and allocation of reserved seats. They also held that the PTI as a Parliamentary Party is entitled to the reserved seats. Similar stance was taken by Justice Yahya Afridi in dismissing the SIC appeal against the PHC verdict. However, Justice Amin and Justice Afghan simply turned down the SIC appeal and said detailed reasons be recorded later.
Copyright Business Recorder, 2025
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