SC forms full court to hear reserved seats case on Monday

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The Supreme Court (SC) on Friday constituted a full court to hear the case related to seats reserved for women and minorities, which was filed by the Sunni Ittehad Council (SIC).

Led by Chief Justice of Pakistan Qazi Faez Isa, the full court includes Justices Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan and Naeem Akhtar Afghan.

The full court will hear the case on June 3 (Monday) at 11:30am.

The SIC had earlier been joined by PTI-backed independent candidates after they won the February 8 elections as their party had been deprived of its electoral symbol ‘bat’.

In a 4-1 verdict in March, the Election Commission of Pakistan (ECP) had ruled that the SIC was not entitled to claim quota for reserved seats “due to having non-curable legal defects and violation of a mandatory provision of submission of party list for reserved seats”.

The commission had also decided to distribute the seats among other parliamentary parties, with the PML-N and the PPP becoming major beneficiaries with 16 and five additional seats while the Jamiat Ulema-i-Islam Fazl (JUI-F) was given four. Meanwhile, the verdict was rejected by the PTI as unconstitutional.

Later the same month, while ruling on an SIC plea, the Peshawar High Court (PHC) had dismissed an SIC plea challenging the ECP decision and denied it reserved seats.

In April, the SIC filed a petition before the SC — moved by party chief Sahibzada Hamid Raza — seeking to set aside the PHC judgment.

The apex court on May 6 had suspended the March 14 PHC judgement as well as the March 1 ECP decision to deprive the SIC of seats reserved for women and minorities.

The SC had also ordered placing the present petitions before the three-judge committee that determines the constitution of the bench for the reconstitution of a larger bench when Attorney General for Pakistan Mansoor Usman Awan highlighted that under Section 4 of the Supreme Court (Practice and Procedure) Act 2023, the present case should be heard by a larger bench since the issue concerns the interpretation of constitutional provisions.

The ECP subsequently suspended victory notifications of as many as 77 members of the national and provincial assemblies elected on those seats.

The suspended lawmakers include 44 from PML-N, 15 from PPP, 13 from JUI-F and one each from PML-Q, IPP, PTI-P, MQM-P and ANP.

Resultantly, the ruling coalition lost a two-thirds majority in the lower house of Parliament for now, with its numerical strength shrinking to 209 from 228. In the House of 336, the magic figure to attain a two-thirds majority comes to 224.

The PML-N’s strength in the House has reduced from 121 to 107 while PPP’s from 72 to 67.

Those suspended include 22 members of the National Assembly elected on reserved seats for women and minorities. They include 14 from PML-N, five from PPP and three from JUI-F.

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