Reserved seats case: ‘Review pleas can only be heard by same bench’

ISLAMABAD: Supreme Court (SC) Judges Justice Syed Mansoor Ali Shah and Justice Munib Akhtar said that the review petitions on reserved seats case can only be heard by the same 13-member bench that pronounced its verdict, ARY News reported.

Chief Justice of Pakistan (CJP) Qazi Faez Isa wanted to fix the review pleas urgently but the two senior judges opposed his proposal.

The 17^th meeting of the Supreme Court Practice and Procedure Committee—which decides the formation of benches—was held on Thursday and according to its minutes, the CJP was in favour of fixing the pleas urgently but Justice Syed Mansoor Ali Shah and Justice Munib Akhtar disagreed with him.

Consequently, the three-member committee decided to fix the pleas after summer vacations with a majority of 2-1. The minutes read that the secretary pointed out that two urgency applications were also filed with the review pleas.

Senior Puisne Judge Justice Syed Mansoor Ali Shah and Justice Munib Akhtar said that under the SC rules, the review petitions can only be fixed before the same 13-member bench that heard the matter originally.

The two judges viewed that the SC is passing through summer vacation and most of the judges are on holiday or out of the country.

Justice Syed Mansoor Ali Shah and Justice Munib Akhtar maintained that it would be appropriate if the matter is fixed after the summer vacations when all the 13 judges who heard the appeals are available at the Principal Seat.

The two senior judges also pointed out that the review petitions are not fixed until detailed judgment is released by the bench. “In this case, the detailed judgment is still awaited,” Justice Syed Mansoor Ali Shah and Justice Munib Akhtar added.

CJP says not fixing review pleas urgently is unjust

Meanwhile, the CJP urged that the right of review is provided under the Constitution and such right has to be preferred over the judges’ convenience.

Justice Qazi Faez Isa said that the judges had taken oath to abide by the Constitution, it would be unjust and unfair if the review petitions were not fixed urgently.

The CJP stressed that the order under review necessitated re-opening of the Court even if it required the cancellation of vacations.

The review plea

The ruling Pakistan Muslim League-Nawaz (PML-N) had filed a review petition against the Supreme Court’s verdict declaring PTI as eligible for reserved seats.

The PML-N filed a review petition in the apex court, urging the top court to withdraw its July 12 order.

In its peal, the PML-N argued that the PTI was not even a party in the case as it was Sunni Ittehad Council (SIC) which approached the Supreme Court.

Read More: Supreme Court declares PTI eligible for reserved seats

The PML-N plea stated that SC’s order to award reserved seats to PTI on SIC plea is tantamount to violation of law.

The PML-N in its petition had made the SIC and the Election Commission of Pakistan (ECP) as respondents.

Last week, a 13-member bench of the top court, headed by Chief Justice Qazi Faez Isa, ruled that the PTI is eligible for the allocation of reserved seats, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition.

Justice Mansoor Ali Shah announced the 8-5 majority verdict, setting aside the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the SIC.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Jamal Mandokhail, Justice Naeem Afghan, Justice Yahya Afridi, and Justice Ameenuddin Khan opposed the majority decision.