Supreme Court 'postpones' reserved seats case hearing

ISLAMABAD: The Supreme Court of Pakistan has postponed the hearing of the reserved seats case, originally scheduled for Monday, ARY News reported citing judicial sources.

According to sources, the review hearing for the case will also not take place on Tuesday. The next hearing date will be announced upon the return of Justice Jamal Khan Mandokhail from Balochistan, who traveled today due to the demise of his mother.

Yesterday, the Supreme Court’s Constitutional bench adjourned the hearing of review petitions against the verdict on reserved seats until June 23. The eleven-member bench, headed by Justice Amin-ud-Din Khan, heard the case.

Representing Kanwal Shauzab, senior lawyer Salman Akram Raja argued that Article 184(3) of the Constitution empowers the Supreme Court to act in the public interest and for the protection of fundamental rights, particularly in exceptional circumstances. Justice Jamal Khan Mandokhail concurred, stating that the Supreme Court must act if there is a constitutional violation even in the absence of a specific article.

However, Justice Muhammad Ali Mazhar noted that Article 199 cannot be read in conjunction with Article 187, as the Supreme Court does not possess the same jurisdiction as the High Courts under Article 199. Raja responded that the Supreme Court has broad constitutional powers which can be exercised wherever necessary.

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Justice Mandokhail inquired whether the original verdict on reserved seats involved any constitutional or legal violation.

Raja replied in the negative but explained that independent candidates were allowed to join political parties within 15 days instead of three, as no alternative was available under existing law.

During the hearing, Justice Mandokhail pointed out that reserved seats relate to both minorities and the general public, to which Raja affirmed, adding that the general electorate’s role is equally important.

Justice Najafi asked whether securing reserved seats is a fundamental right of political parties. Raja asserted that the public, through their votes, essentially endorse reserved seats as well, making it a fundamental right of parties, albeit one regulated by law.

The court then adjourned the hearing until June 23.