A three-judge committee of the Supreme Court, formed under the SC Practice and Procedure Act 2023, has decided by majority vote not to schedule the Pakistan Muslim League-Nawaz’s (PML-N) review petition against the court’s decision in the case of the reserved seats immediately.
Sources indicate that the committee, consisting of Chief Justice of Pakistan (CJP) Qazi Faez Isa, senior puisine judge Justice Syed Mansoor Ali Shah, and Justice Munib Akhtar, has deferred the proposal to fix the PML-N’s petition against the July 12 short order in the case of the reserved seats.
This committee was formed under the said Act to decide which bench would hear a review case.
The PML-N’s review petition was presented before the judges’ committee after being allocated a number. The committee suggested that the review petition be scheduled after two months, following the court’s annual vacations.
Sources further reveal that two members of the judges’ committee opined that the review petition should be heard by the same 13-judge full-court bench that decided the matter initially.
The unavailability of Justice Shah and Justice Akhtar during the summer vacations was also cited as a reason for deferring the scheduling of the petition.
On July 15, the PML-N filed a review petition in the Supreme Court challenging the decision made on July 12 regarding the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI).
In their petition, the PML-N has also requested the issuance of a stay order on the July 12 decision until a final ruling is made on the case.
The review petition argues that the Supreme Court should reconsider and withdraw the decision, asserting that the allotment of reserved seats to the PTI requires thorough review. The PML-N petition contended that the PTI had not formally requested these reserved seats, and the matter was only brought forward as a suggestion.
Additionally, the petition highlights that the Sunni Ittehad Council and the PTI were distinct political entities. It further states that independent candidates had already joined the Sunni Ittehad Council. The petition underscores that the members in question, who were declared to be part of the PTI, had identified themselves as independents in official documents.
On July 12, the Supreme Court set aside the Peshawar High Court and election commission verdicts and declared the Pakistan Tehreek-e-Insaf (PTI) eligible for reserved seats in the case of the Sunni Ittehad Council.
The 8-5 majority verdict was announced by Chief Justice of Pakistan Qazi Faez Isa, who headed a 13-member full court of the Supreme Court. The proceedings were broadcast live. All the judges recognized the PTI as a legal and competent party.
The Supreme Court declared that the deprivation of an election symbol did not terminate the right of a party to participate in elections. The PTI was and is a political party. The election commission submitted the data of 80 candidates to the Supreme Court.
It further said that the 39 candidates whose affiliation was shown with the PTI will remain the successful candidates of the PTI. The remaining 41 candidates can also submit their affidavits within 15 days that they were candidates of the same party. The PTI has been ordered to submit its list of reserved seats within 15 days.
