Humayun Khan
PESHAWAR: A five members larger bench of Peshawar High Court comprising of Justice Ishtiaq Ibrahim, Justice Ijaz Anwar, Justice SM Attique Shah, Justice Shakeel Ahmad and Justice Syed Arshad Ali asked whether the Sunni Ittehad Council (SIC) is a party or not, on Wednesday.
A five-member larger bench of the PHC, which is hearing the case of reserved seats for the SIC, asked the attorney general to argue on Article 51(d) of the Constitution so that it could be established whether it is a political party? Can it participate in the presidential, senate, speaker and deputy speaker elections?
Qazi Anwar and Azam Swati represented the SIC in the court while Nayyar Bukhari, Faisal Karim Kundi and Farooq Naik appeared on behalf of the PPP. Attorney General Mansoor Awan told the court that the petitioner party did not participate in the general elections. The court said that there is no procedure laid down for providing lists for reserved seats in the Election Act.
The attorney general said that there is a law for women and minorities under which they are given representation in the assembly. Political parties have to submit a list of nominees against reserved seats before the elections, he added. The court remarked that there is no provision of submission of list in the law. The court asked him whether SIC is being considered a political party.
The attorney general submitted that under the law, a party which contested elections is entitled to reserved seats. The court again asked him whether the SIC is a political party or not? Can it name an opposition leader? The attorney general replied that the law provides that a party must have won a seat in general elections. Reserved seats are for those parties who have representation in the assembly. The head of the SIC himself contested elections as an independent candidate, he continued.
The court remarked that there is another law under which independent candidates have to join a party within three days. What will happen if an independent candidate joins a party that has no representation in Parliament? The court asked the attorney general if an independent candidate joins a party, can’t he be given reserved seats?
The attorney general replied that seats can be given if there is any representation of that party in the Parliament. In the meantime, SIC’s counsel Qazi Anwar argued that since the PTI did not allow to contest election on a symbol, its members contested as independent candidates. The PTI candidates joined the SIC as directed by the Election Commission (ECP). However, PHC asked him whether any member of the SIC had won the election? When the list of nominees for reserved seats was submitted?
Advocate Anwar said that the SIC is entitled to reserved seats in Khyber Pakhtunkhwa, Punjab, Sindh and Balochistan. Is there any provision in the Constitution to distribute reserved seats of one party among other parties? The court said that the ECP has to take a decision on reserved seats. If these are not given to a party, the seats remain vacant. PHC’s larger bench adjourned further hearing till today (Thursday) on Advocate General Khyber Pakhtunkhwa Shah Faisal plea to prepare for arguments in this regard.
