ISLAMABAD, Jun 24 (APP):Chief Justice of Pakistan Qazi Faez Isa on Monday questioned why the Pakistan Thehreek-e-Insaf (PTI) members had committed suicide by joining the Sunni Ittehad Council (SIC), as it was already a political party.
The 13-member full court bench presided by the CJP and comprising justices Syed Mansoor Ali Shah, Munib Akhtar, Yahya Afridi, Amin ud Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, Irfan Saadat Khan and Naeem Akhtar Afghan, heard the SIC’s appeal with regard to the reserved seats in National Assembly. The proceedings of the case were live-streamed on the SC’s website and YouTube channel.
During the course of proceedings, the chief justice remarked that even if 90% members in the National Assembly were independent, the reserved seats would be given to the political parties with 10% members.
Addressing SIC’s lawyer Faisal Saddique, the CJP said that it was an old practice that the political parties had to submit their lists for the reserved seats first and “now you have brought a new system”.
The chief justice questioned that why the PTI did not hold intra-party elections despite the requests of Election Commission of Pakistan (ECP) and why 0.85 million PTI members were ignored.
The court would only view the matter in accordance with the Constitution, he remarked.
Faisal Siddiqui said that new system had not been introduced rather a new issue had come to the fore, which required solution.
The chief justice asked the lawyer to explain the bench as per the Constitution that how the reserved seats could be given to the SIC.
Faisal Siddiqui said that each party should be given reserved seats based on its representation in the assembly after the inclusion of independent candidates.
At this, the CJP asked whether the court should ignore the natural meaning of the Constitution.
Justice Mandokhail questioned that why those who did not bother to contest elections should be given reserved seats.
Addressing the lawyer, Justice Irfan Saadat Khan said that the words written in the Constitution “will become ineffective with your arguments as the SIC is not a political party”.
The CJP said that the PTI still existed as a political party, and “why did you commit suicide by joining another party which goes against your arguments”.
The independent members could have joined the PTI, he added.
Justice Mansoor Ali Shah said that the PTI had taken many wrong decisions during the elections and repeated its mistakes.
Faisal Saddique Advocate concluded their arguments.
Kanwal Shauzeb’s lawyer Salman Akram Raja said that an independent candidate could join the assembly at any time during the prescribed period, and then join a party even after three days.
The chief justice said that the people should know who are the candidates and what are the political parties.
Later, the court adjourned the case till next date.
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