Supreme Court issues detailed judgement in reserved seats case

ISLAMABAD: Pakistan’s Supreme Court has released a 70-page detailed verdict, penned by Justice Mansoor Ali Shah, in the reserved seats case, confirming Pakistan Tehreek-e-Insaf’s (PTI) eligibility for seats allocated to women and minorities.

This detailed verdict comes two months after the court’s initial 8-5 ruling on July 12, which declared Incarcerated Imran Khan’s party eligible for reserved seats, dealing a major setback to the PML(N)-led coalition.

“Before parting with the judgment, we feel constrained to observe, with a heavy heart, that our two learned colleagues in the minority (Justice Amin-ud-Din Khan and Justice Naeem Akhtar Afghan) have made certain observations in their dissenting judgment dated 3 August 2024, which do not behoove Judges of the Supreme Court of Pakistan, the highest court of the land”, the 70-page judgment stated.

The Supreme Court addressed concerns about judges’ dissenting opinions. While respecting differing views, the court noted that certain comments crossed boundaries.

Judges specifically warned elected candidates and urged the Commission to defy the majority order. This, the court said, compromised the justice system’s credibility.

Moreover, the court ruled that PTI, led by Imran Khan, qualified for reserved seats since it contested the February 8 elections and secured seats in national and provincial assemblies.

Additionally, the Supreme Court criticized the Election Commission of Pakistan (ECP) for failing to fulfill its constitutional obligations.

“We find it important to emphasize that the Commission, as a constitutional “electoral management body”, is not merely an administrative entity but a fundamental “guarantor institution” of democratic processes, with a constitutional status akin to a “fourth branch of government,” the judgment said.

Pakistan’s Supreme Court effectively overturned the ECP March 1 ruling and the Peshawar High Court’s (PHC) endorsement of it. The court ruled that the ECP’s actions had no legal basis, affirming that reserved seats should be allocated to Pakistan Tehreek-e-Insaf (PTI).

This decision has significant implications, as it suspends the previous verdict that allowed the ruling coalition of PML-N and PPP to gain a two-thirds majority in the National Assembly.

The PTI’s legal team successfully argued that denying the party its election symbol contradicted constitutional principles, a stance the court upheld.

“Denying the election symbol compromises the electorate’s right to fair representation,” SCP has handed down a significant decision, affirming that denying Pakistan Tehreek-e-Insaf (PTI) its election symbol violates Article 17(2) of the Constitution, which safeguards political participation.

This ruling is a major victory for PTI, ensuring its candidates are recognized as official party representatives, rather than independent candidates.

In essence, the court upheld PTI’s right to participate in the electoral process, protecting the fundamental rights of political parties and their candidates. This decision reinforces the principles of democratic fairness and representation.

The detailed judgment emphasized the importance of respecting differing opinions within the court but expressed concern over the two judges’ comments, which potentially undermined the court’s authority.