{"id":49508,"date":"2024-09-23T13:56:27","date_gmt":"2024-09-23T08:56:27","guid":{"rendered":"https:\/\/dailyausaf.com\/en\/?p=49508"},"modified":"2024-09-23T14:32:21","modified_gmt":"2024-09-23T09:32:21","slug":"supreme-court-issues-detailed-judgement-in-reserved-seats-case","status":"publish","type":"post","link":"https:\/\/dailyausaf.com\/en\/featured\/supreme-court-issues-detailed-judgement-in-reserved-seats-case\/","title":{"rendered":"Supreme Court issues detailed judgement in reserved seats case"},"content":{"rendered":"<p>ISLAMABAD: Pakistan&#8217;s Supreme Court has released a 70-page detailed verdict, penned by Justice Mansoor Ali Shah, in the reserved seats case, confirming <a href=\"https:\/\/dailyausaf.com\/en\/business\/ccp-issue-notices-to-20-brands-for-deceptive-end-of-season-sales-discount\/\">Pakistan Tehreek-e-Insaf&#8217;s (PTI)<\/a> eligibility for seats allocated to women and minorities.<\/p>\n<p>This detailed verdict comes two months after the court&#8217;s initial 8-5 ruling on July 12, which declared Incarcerated Imran Khan\u2019s party eligible for reserved seats, dealing a major setback to the PML(N)-led coalition.<\/p>\n<p>\u201cBefore 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&#8221;, the 70-page judgment stated.<\/p>\n<p>The <a href=\"https:\/\/dailyausaf.com\/en\/education\/100-rural-schools-in-islamabad-to-switch-to-solar-power-details-inside\/\">Supreme Court<\/a> addressed concerns about judges&#8217; dissenting opinions. While respecting differing views, the court noted that certain comments crossed boundaries.<\/p>\n<p>Judges specifically warned <a href=\"https:\/\/dailyausaf.com\/en\/pakistan\/pakistan-re-elected-to-international-atomic-energy-agencys-iaea-board-of-governors\/\">elected candidates<\/a> and urged the Commission to defy the majority order. This, the court said, compromised the justice system&#8217;s credibility.<\/p>\n<p>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.<\/p>\n<p><iframe src=\"https:\/\/drive.google.com\/file\/d\/1We626cqmRL29aBOUuJpjKdfhvSK70yUm\/preview\" width=\"640\" height=\"480\"><\/iframe><\/p>\n<p>Additionally, the Supreme Court criticized the Election Commission of Pakistan (ECP) for failing to fulfill its constitutional obligations.<\/p>\n<p>\u201cWe find it important to emphasize that the Commission, as a constitutional \u201celectoral management body\u201d, is not merely an administrative entity but a fundamental \u201cguarantor institution\u201d of democratic processes, with a constitutional status akin to a \u201cfourth branch of government,\u201d the judgment said.<\/p>\n<p>Pakistan&#8217;s Supreme Court effectively overturned the ECP March 1 ruling and the Peshawar High Court&#8217;s (PHC) endorsement of it. The court ruled that the ECP&#8217;s actions had no legal basis, affirming that reserved seats should be allocated to Pakistan Tehreek-e-Insaf (PTI).<\/p>\n<p>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.<\/p>\n<p>The PTI&#8217;s legal team successfully argued that denying the party its election symbol contradicted constitutional principles, a stance the court upheld.<\/p>\n<p>&#8220;Denying the election symbol compromises the electorate&#8217;s right to fair representation,&#8221; 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.<\/p>\n<p>This ruling is a major victory for PTI, ensuring its candidates are recognized as official party representatives, rather than independent candidates.<\/p>\n<p>In essence, the court upheld PTI&#8217;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.<\/p>\n<p>The detailed judgment emphasized the importance of respecting differing opinions within the court but expressed concern over the two judges&#8217; comments, which potentially undermined the court&#8217;s authority.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>ISLAMABAD: Pakistan&#8217;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&#8217;s (PTI) eligibility for seats allocated to women and minorities. This detailed verdict comes two months after the court&#8217;s initial 8-5 ruling on July 12, which declared Incarcerated Imran Khan\u2019s party eligible [&hellip;]<\/p>\n","protected":false},"author":9,"featured_media":49510,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13446,2],"tags":[12259,11252,21448,17805],"class_list":["post-49508","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured","category-pakistan","tag-chief-justice-qazi-faez-isa","tag-election-commission-of-pakistan-ecp","tag-pakistan-tehreek-e-insafs-pti","tag-reserved-seats-case"],"_links":{"self":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/49508","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/comments?post=49508"}],"version-history":[{"count":5,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/49508\/revisions"}],"predecessor-version":[{"id":49522,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/posts\/49508\/revisions\/49522"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media\/49510"}],"wp:attachment":[{"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/media?parent=49508"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/categories?post=49508"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dailyausaf.com\/en\/wp-json\/wp\/v2\/tags?post=49508"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}