SC full court to hear SIC reserved seats case on June 3

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ISLAMABAD: The Supreme Court has constituted a 13-judge full court to hear from June 3, the petitions moved by Sunni Ittehad Council (SIC) Chairman Sahib­zada Muhammad Hamid Raza, challenging the March 14 denial by the Peshawar High Court of seats reserved for women and minority to the council.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the full court will consist of Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.

Since Justice Musarrat Hilali is indisposed, she is not part of the full court.

At the last hearing on May 6, a three-judge SC bench headed by senior puisne judge Justice Syed Mansoor Ali Shah had ordered placing the petitions before the three-judge committee that determines constitution of benches for the reconstitution of a larger bench when Attorney General for Pakistan (AGP) Mansoor Usman Awan highlighted that under Section 4 of the Supreme Court (Practice and Procedure) Act 2023, the present case should be heard by the larger bench since the issue concerns interpretation of constitutional provisions.

The committee then decided the matter with a majority of two to one to constitute a 13-judge full court instead of a larger bench comprising seven judges.

On May 6, the apex court had suspended the PHC’s March 14 judgement as well as the Election Commission of Pakistan’s March 1 decision of depriving the SIC of seats reserved for women and minorities.

The Supreme Court’s order, however, explained that the interim order pertained to the disputed seats only, i.e. the seats that were allocated over and above the initially allocated reserved seats to the political parties.

Published in Dawn, June 1st, 2024

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