ISLAMABAD (APP): The Supreme Court of Pakistan on Tuesday adjourned hearing till July 9, on Sunni Ittehad Counsel’s (SIC) appeal regarding the reserved seats.
A 13-member bench led by Chief Justice of Pakistan Qazi Faez Isa heard the SIC’s appeal against the verdict of Peshawar High Court (PHC).
During the course of proceeding, Attorney General of Pakistan Mansoor Usman Awan informed the bench that record regarding the allocation of reserved seats in 2002 and 2018 has been filed as per the direction.
The AGP said that the political parties will be eligible for reserved seats when they have won at least one seat. Makhdoom Ali Khan has stated that according to the constitution, seats will be given to political parties and not to independent candidates.
He read the constitution related to reserved seats in 2018 and said that there were 272 full seats in the house. The elections were postponed on three seats, he said adding that a total of 13 independent candidates were elected, 9 candidates joined political parties.
He said that the reserved seats formula was implemented on 256 seats, adding that there were 60 women and ten non-Muslim seats reserved in in 2018.
The AGP also informed the bench about reserved seats in provincial assemblies in 2018 and in 2002. He said that in 2002 elections, 20% independent candidates were elected in Balochistan, adding that they were not included in the determination of reserved seats.
He said that in 2002 for the first time in the National Assembly, reserved seats were fixed under Article 51 to give presentation to women and minorities. If an independent candidate joins a political party, he/she will be considered a part of the party. The question is that whether the SIC is eligible for reserved seats or not.
Justice Athar Minallah remarked that Article 51 is the right of a political party. The Election Commission of Pakistan (ECP) expelled a political party from electoral process, which is an important question, he said and asked that is it not the responsibility of the Supreme Court to look into the violation of the law? Voters voted for a political party, he said.
On the occasion, the chief justice remarked that has any party said that the seats will remain vacant? Each side says that the seats should be given to them, he said, adding that why we are spending time on the matter which is not before the Supreme Court. He said that I am repeatedly talking about the words written in the constitution.
The CJP remarked that that no one wants the seats to be kept vacant, adding that whoever gets as many seats in elections should be given as many reserved seats. To determine who gets how many seats is not our job.
The attorney general said that independent candidates cannot join a parliamentary party as it was essential for the party to win at least one seat for this.
Justice Munib Akhtar remarked that the record of the ECP is admitting these members as affiliated to SIC. After considering these members as of SIC how ECP could deprived it from reserved seats, he added.
Chief Justice of Pakistan Qazi Faez Isa remarked that the decisions of the Supreme Court are based on justice and every decision follow the constitution.
The AGP concluded his arguments. The court later adjourned hearing till July 9.
