ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday asked during SIC reserved seat case hearing why Pakistan Tehreek-e-Insaf (PTI) committed suicide by joining the Sunni Ittehad Council’s (SIC), ARY News reported.
The Supreme Court (SC) full court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa is hearing the SIC’s plea against Peshawar High Court verdict on reserved seats.
During the hearing, CJP Isa remarked that they should remember the time when we gave them the election date.” saying that “it was you (PTI) who tried to delay the elections and filed a petition in the Lahore High Court in this regard.”
The Chief Justice also mentioned that a three-member bench of the Supreme Court had failed to conduct elections.
He pointed out that Imran Khan, the founder of PTI and Prime Minister, did not hold intra-party elections.
CJP Isa emphasized that the constitution is clear on reserved seats and no judge can make decisions outside of the constitution. The Chief Justice said that either they should follow the law or throw it in the trash, and no one should not pick and choose which laws to follow.
CJP Isa asked asking why they would join another party if PTI is still considered a political party. “If this argument is accepted as true, then why did you commit suicide by joining another party?” the CJP remarked during a hearing.
SIC’s lawyer, Faisal Siddiqui, argued that the ECP had wrongly interpreted the constitution and ignored the natural limits of constitutional interpretation.
The Chief Justice asked the lawyer to explain how the SIC could get reserved seats according to the constitution and the law.
Justice Jamal Mandukhel also questioned why reserved seats should be given to those who didn’t even contest the election. Justice Irfan Saadat noted that the SIC’s arguments would render the words in the constitution ineffective, as the SIC is not a political party.
On June 22, the Election Commission of Pakistan (ECP) informed the Supreme Court (SC) of Pakistan that the Sunni Ittehad Council (SIC) is not entitled to reserved seats.
In a reply submitted to the apex court in the case pertaining to the SIC’s reserved seats, the ECP maintained that The Hamid Raza-led party failed to submit the list of nominees for the reserved seats by the deadline of December 24.
The ECP added that it asked the independent candidates joined the SIC after the elections. “The ECP decided not to give reserved seats to the SIC with a 4-1 verdict,” the reply added.
The ECP told the SC that the Peshawar High Court (PHC) also upheld its decision. The election watchdog maintained that there is no error in the decision of the ECP as well as the PHC.
“According to the constitution of the SIC, a non-Muslim cannot become a member of the party. The provision against the inclusion of non-Muslims in the constitution of SIC is unconstitutional, answer. The SIC is not entitled to reserved seats for women and minorities,” the ECP reply added.
Read More: SIC reserved seats: SC to hear case on June 24
On May 6, Supreme Court suspended the Election Commission of Pakistan (ECP) and Peshawar High Court’ (PHC) verdict on Sunni Ittehad Council (SIC) reserved seats.
The three-member bench headed by Justice Mansoor Ali Shah, comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah suspended the verdict pertaining to the allocation of reserved seats to other political parties.
Justice Mansoor Ali Shah said that the case has been fixed for hearing and “we are suspending the ECP and PHC verdicts.”
Reserved seats
The election commission distributed the reserved seats for women and minorities among other political parties.
In the Khyber Pakhtunkhwa Assembly – according to a notification, the ECP allocated one reserved seat each to Jamiat Ulema-i-Islam Pakistan, Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP).
In Sindh Assembly – allocated reserved seat for women to Muttahida Qaumi Movement-Pakistan (MQM-P) and PPP. PPP’s Samita Afzal and MQM-P’s Fouzia Hameed elected on reserved seats.
Furthermore, PPP’s Sadhu Mal alias Surinder Valasai secured minority seat in Sindh Assembly.
The ECP allocated three reserved seats for minorities to PML-N, PPP and JUI-F – which were claimed by Sunni Ittehad Council. PML-N’s Neelam Meghwar, PPP’s Ramesh Kumar and JUI-F’s James Iqbal were elected on the minority seats.