ISLAMABAD, JUN 27: In a major setback for the Pakistan Tehreek-e-Insaf, the Supreme Court’s Constitutional Bench has accepted review petitions and ruled that the Imran Khan-founded party is not entitled to seats reserved for women and minorities in the national and provincial assemblies.
The verdict was announced by a 10-member bench headed by Justice Aminuddin Khan on Friday.
Announcing the short ruling, Justice Aminuddin Khan said, “Justice Aminuddin Khan, Justice Mussarat Hilali, Justice Naeem Akhtar Afghan, Justice Shahid Bilal Hassan, Justice Hashim Khan Kakar, Justice Aamir Farooq and Justice Ali Baqar Najafi all review petitions are allowed and impugn majority judgement dated July 12, 2024 is set aside as a consequence thereof civil appeals … filed by SIC are dismissed and judgement rendered by the PHC is restored.”
The head of the bench further said: “Whereas Justice Jamal Khan Mandokhail for reasons to be recorded, later the party allowed the review petitions and maintained its review petitions and maintained his original order with regard to 39 seats but reviewed the majority judgement to the extent of 41 seats. Whereas, Justice Mohammad Ali Mazhar and Justice Syed Hasan Azhar Rizvi, for reasons to be recorded later, also reviewed the judgement and allowed the review petitions with the rider that since the factual controversy or disputed questions of fact neither could be resolved by the PCH or this court in original or review jurisdiction. Therefore, directions are issued to the ECP to examine and consider the nomination papers/declaration and other relevant documents of all 80 returned candidates by means of noble exercise with regard to their affiliation …”
The Pakistan Muslim League-Nawaz (PML-N), the Pakistan Peoples Party (PPP), and the Election Commission of Pakistan have filed review petitions against last year’s Supreme Court July 12, 2024 ruling that the Pakistan Tehreek-e-Insaf (PTI) was entitled to reserved seats for women and minorities in the national and provincial assemblies.
Justice Mansoor Ali Shah of the SC’s full bench announced the 8-5 majority verdict, nullifying the Peshawar High Court’s (PHC) order wherein it had upheld the Election Commission of Pakistan’s (ECP) decision denying the reserved seats to the Sunni Ittehad Council (SIC).
In its July 12 verdict, eight out of 13 judges ruled that 39 out of a list of 80 MNAs were and are the returned candidates of the PTI.