ISLAMABAD: The federal government has once again ruled out reallocating 80 MNAs of the Sunni Ittehad Council (SIC) to the PTI, despite the long-awaited Supreme Court verdict on reserved seats.
The July ruling, decided by an 8-5 majority, declared jailed former Prime Minister Imran Khan’s party eligible for women and minority seats, a setback for Prime Minister Shehbaz Sharif’s coalition. The eight judges found that out of 80 MNAs, 39 belonged to the PTI, while 41 others could resubmit their party affiliations. 11 of the 13 judges recognized the PTI as a parliamentary party.
Since the verdict, several developments have emerged, including changes to election laws aimed at preventing PTI-affiliated independent legislators from joining the party. The Supreme Court also criticized the Election Commission of Pakistan (ECP) for not fully implementing the earlier ruling. The National Assembly speaker has informed the ECP that the court’s order cannot be acted upon.
The detailed 70-page judgment, authored by Justice Mansoor Ali Shah, who is set to become the Chief Justice next month, further complicates the situation. At a press conference, Law Minister Azam Nazeer Tarar stated that amendments to the Elections Act remain in effect, making it impossible to change the status of lawmakers based on the court’s ruling. He emphasized that legislative authority should take precedence over court verdicts.
Tarar expressed his concerns about the language used for dissenting judges in the detailed judgment and asserted that while different opinions enrich debate, the law must guide the allocation of seats. He stressed that the amendments to the Elections Act must be considered in this context, asserting that the court’s interpretation should not alter the law’s plain language.
Regarding the uncertainty following the ruling, Tarar noted that independent lawmakers cannot switch allegiance from the SIC, which complicates the allocation of seats to the PTI. “It seems further litigation may be necessary,” he remarked.
In response, PTI Chairman Barrister Gohar Ali Khan criticized the ECP for not notifying the PTI’s reserved seats despite the Supreme Court’s clear ruling. He demanded immediate notification, highlighting that 40 out of 41 PTI candidates submitted affidavits to the ECP.
Gohar stated that the Supreme Court’s decision supports democracy and reaffirms the legitimacy of party nominations. He accused the ECP of compromising its independence and announced that the PTI had filed a reference against the commission.
Furthermore, Gohar announced plans for a rally in Rawalpindi on September 28, requesting a no-objection certificate from the Punjab government. He condemned any amendments that could undermine judicial independence and criticized attempts to appoint judges based on political preference.
