Relief Granted to PTI in Reserved Seats’ Case will be Self-Created: SC Judges’ Dissenting note

ISLAMABAD: Two Supreme Court of Pakistan judges issued a detailed dissenting note on Saturday regarding the case of the reserved seat, stating that the relief granted to the Pakistan Tehreek-e-Insaf (PTI) would be self-created.

Justices Amin Uddin Khan and Naeem Akhtar Afghan, who dissented from the majority’s verdict delivered by a 13-member larger bench, said in their 29-page note that PTI was neither before the Court nor tried to become a party before the Election Commission of Pakistan (ECP).

The majority verdict, by an 8:5 vote, declared PTI eligible for reserved seats for women and minorities, overturning previous decisions by the Peshawar High Court and the ECP.

“We are also of the firm view that any other constitutional body cannot be asked to take steps or make decisions not permissible under the Constitution,” read the judges’ note. “We would also have to substitute Articles 51, 106, and Section 104 with those in consonance with the relief granted through the majority judgment.”

In their dissent, the judges noted that PTI did not participate in the February 8 elections as a political party, with its chairman running as an independent candidate. They argued that granting relief to PTI would require the Court to exceed its constitutional jurisdiction, suspend key constitutional provisions, and modify relevant sections of the Elections Act, 2017.

The dissenting judges also expressed concern about the delay in releasing the Court’s detailed verdict, which could potentially impact the review petition filed against the order. They emphasized that their findings are based on two parts: their disagreement with the majority decision and their assessment of the appeals’ merits.

They highlighted that no disputes were raised about the joining of 39 and 41 individuals to the SIC as outlined in the majority’s short order, and no political parties contested this joining. Furthermore, they noted that despite suggestions to award reserved seats to PTI, the PTI counsel and other involved parties did not press for this during court proceedings.