Pakistan: PHC Bars Oath-Taking of Lawmakers Notified on Seats Denied to SIC

Wed Mar 06 2024
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PESHAWAR: The Peshawar High Couty (PHC) on Wednesday barred the oath-taking of lawmakers (National Assembly and provincial assemblies) notified on reserved seats denied to the Pakistan Tehreek-e-Insaf (PTI)-backed Sunni Ittehad Council (SIC).

During today’s hearing presided over by Justice Ishtiaq Ibrahim and Justice Shakeel Ahmad, the court issued directives prohibiting the swearing-in of members and directed the Election Commission of Pakistan (ECP) to submit its response by Thursday.

This decision follows the electoral body’s rejection, issued on Monday, of the SIC’s plea for allocation of reserved seats, despite PTI-backed independent candidates joining the political party. The ECP opted for a proportional representation process to allocate seats based on political parties’ strength in the assemblies, excluding the PTI-backed SIC.

PHC Bench Refers Case to Chief Justice for Formation of Larger Bence

The court questioned the jurisdiction regarding reserved seats. The petitioner’s lawyer Qazi Anwar cited Articles 51 and 106 of the constitution stressing that the PTI-backed independent lawmakers had joined the SIC within the three-day deadline.

Expressing dissatisfaction with the ECP’s decision, the lawyer emphasized the party’s entitlement to reserved seats for women and minorities.

“This is an accepted fact and no one can ignore it,” Justice Ibrahim remarked.

Lamenting the ECP’s decision, lawyer Qazi Anwar stressed that the electoral body’s decision to “distribute” the party’s reserved seats to other parties. “Women and minorities’ reserved seats are our right,” the lawyer said.

Consequently, the court notified the attorney general and the advocate general to assist the court in the matter. The PHC referred the case to the chief justice for the formation of a larger bench to address the matter.

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