• 26th amendment changed the composition of Judicial Commission of Pakistan, to include more lawmakers
• Parliamentary party resolves to take strict action against ‘traitors’, explores legal avenues against 26th amendment
• PTI lawmaker seeks contempt proceedings against CEC, ECP members for not complying with reserved seats ruling

ISLAMABAD: As the PTI moved a contempt petition in the Supreme Court against the non-implementation of its July 12 judgement in the reserved seats case, the former ruling party on Monday decided to join the Judicial Commission of Pakistan (JCP), which was re-constituted to include parliamentarians in light of the 26th amendment.

The decision was made in a parliamentary party meeting chaired by PTI leader Omar Ayub, who is also the National Assem­bly opposition leader. The meeting also decided to take strict action against party members who allegedly betrayed the party and its leadership.

It may be noted that the PTI recently issued show-cause notices to lawmakers Zain Qureshi, Riaz Fat­yana, Aslam Ghum­man, and Miqdad Ali Khan for violating party discipline in the lead-up to the passage of the 26th amendment.

Besides endorsing the decision of the political co­m­mittee, the PTI meeting also approved the sch­edule of protests and public meetings. Acco­r­ding to details, the PTI meeting discussed the pr­e­vailing situation after the passage of the 26th Co­­nstitutional Amend­ment and different options, inc­luding legal action, were considered to challenge the new legislation.

The participants of the meeting were of the view that Imran Khan had been imprisoned by the government for ‘political gains’. It may be noted that the PTI leader has been in jail for more than one year.

On the other hand, PTI lawmaker Asad Qaiser lam­basted the amendment in the National Assembly session, saying the amendment was approved in an “unethical and illegal way”. “Our legislators were threatened, pressurised, and their children were arrested. All possible efforts were made to get their votes. I cannot understand how Bilawal Bhutto became part of it. Houses of legislators were bulldozed and their land was occupied,” he claimed.

Plea against CEC

Earlier in the day, PTI leader Kanwal Shauzab moved a contempt of court petition before the Sup­reme Court against Chief Election Commissioner (CEC) Sikandar Sultan Raja and four members of the Election Commission of Pakistan (ECP) for not complying with the July 12 judgement of the Supreme Court in the reserved seats case.

Filed through Advocate Salman Akram Raja, the petition implored that the apex court through the July 12 judgement had ordered the ECP to take steps for the election on seats reserved for women and non-Muslims in the National Assembly of Pakistan as well as the provincial assemblies.

The directions were issued to ensure that the seats won in the Feb 8 general elections by the PTI as per the detailed findings and procedures laid down in the judgement of the Supreme Court were taken into account while determining the allocation of the reserved seats.

In light of the ruling, the contempt petition pleaded that pursuant to the judgement two clarifications were also issued by the Supreme Court which left no doubt whatsoever that the PTI was entitled to the reserved seats proportionate to the seats in the National and the provincial assemblies.

The petition pleaded that the ECP had yet to act upon the judgement of the July 12 judgement and complete the process of election of women and non-Muslims on the reserved seats in the National and provincial assemblies.

The deliberate and contumacious failure to act in accordance with the judgement of the Supreme Court rendered the CEC as well as the four members of the ECP liable to proceedings for the contempt of the judgement of the apex court.

Reserved seats judgement

According to the July 12 order, the court declared that the majority judgement by eight judges had held that 39 out of 80 MNAs belonged to the PTI. The rest of the 41 in­­dependent candidates had to file duly signed and notarised statements before the commission within 15 days explaining that they contested the Feb 8 general elections as a candidates of a particular political party. The statements have so far been filed.

If such a statement was filed, ECP within seven days will give notice to the concerned political party seeking within 15 days a confirmation that MNAs contested the election as its candidates.

Thereafter ECP under Article 51 of the Constitution will post on its website, a list of the returned candidates and will submit a compliance report before the SC.

Published in Dawn, October 29th, 2024