Humayun Khan
PESHAWAR: A five members larger bench of Peshawar High Court (PHC) comprising Justice Ishtiaq Ibrahim, Justice Ijaz Anwar, Justice SM Attique Shah, Justice Shakeel Ahmad and Justice Syed Arshad Ali extended injunction on the Election Commission’s decision regarding the allotment of reserved seats while hearing a plea against the exclusion of reserve seats for the Sunni Ittehad Council (SIC) and striped the nominated lawmakers from oath till 13th March and reissued notices to the respondents, on Thursday.
Pakistan Tehreek-e-Insaf (PTI) lawyers including Babar Awan and Qazi Muhammad Anwar advocates appeared on behalf of SIC while Additional Attorney General Sana Ullah represented the federation, Asma Alamgir’s counsel Qazi Jawad, Pakistan People’s Party (PPP) Rehman Khattak and ECP representative Mohsin Kamran Sadiq appeared before the court.
SIC lawyers argued that ECP had deprived a party secured 90 general seats for Khyber Pakhtunkhwa Assembly from reserved seats and distributed among other parties as gift like two special lawmakers allocated for winning one general seat for provincial assembly.
The counsel Qazi Jawad advocate argued for vacating status quo as women have also the right to be present in the assembly on reserved seats because PHC will decide fate of the plea after conclusion of arguments. He added that it is necessary as Presidential election is scheduled on 9th March.
Additional Attorney General Sana Ullah argued for adjournment due to busy schedule of Attorney General of Pakistan in Supreme Court, however, Justice Ishtiaq Ibrahim observed that PHC had called Attorney General for yesterday (on Thursday) while Justice Ijaz Anwar remarked that it will impact presidential election.
During the hearing, the counsel claimed that PTI’s elected members joined with the SIC for the allocation of reserve seats in proportion to general seats in the upcoming elections. Responding to the Election Commission’s claim that the Sunni Ittehad Council failed to provide a candidate list. PHC extended restraining order until 13th March, directing the Election Commission and other parties to provide responses.
PHC five members larger bench comprising of Justice Ishtiaq Ibrahim, Justice Ijaz Anwar, Justice SM Attique Shah, Justice Shakeel Ahmad and Justice Syed Arshad Ali prohibited newly elected Assembly members, particularly women and minority representatives, from taking oath until 13th March.
