Top judge raises multiple questions on reserved seats order

• CJP Isa issues administrative order to address ambiguities.
• Chief justice asks why order was not fixed for announcement.
• Questions who directed for uploading of order on SC website.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Saturday asked nine questions from the Supreme Court registrar, seeking clarification on the order passed by a majority of apex court judges in the case pertaining to the reserved seats.

The top judge issued an administrative order apparently to rectify the ambiguities about the short order in the case related to reserved seats for women and minorities in the national and provincial assemblies.

The chief justice raised an array of questions on the order that eight Supreme Court judges passed on September 14 in chambers on the petition of the Election Commission of Pakistan (ECP). The top judge sought clarification on who will verify the political affiliation of the returned candidates (MPAs and MNAs) on behalf of the party, who have filed their statements following the July 12, 2024 Supreme Court Order, while the Pakistan Tehreek-e-Insaf (PTI) lacks valid organisational structure.

In response to the ECP petition, the PTI had also filed its Civil Miscellaneous Appeal with the Supreme Court, asking for guidance on a number of factual and legal matters pertaining to the July 12 ruling. The PTI was informed that the ECP had submitted an application ostensibly in accordance with paragraphs 7-10 of the July 12 ruling in Civil Appeals No. 333 and 334 of 2024.

In the application, ECP has averred (wrongly) that “the Commission is facing difficulty to implement the Order ibid as PTI at the moment has no organisational structure for confirmation of statements of MNAS/MPAs,” the PTI submitted.

The eight judges — Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Irfan Saadat Khan — on September 14 had directed the ECP to implement in letter and spirit its July 12 judgment on reserved seats with the warning that refusal by the electoral body to perform legally binding obligation may result in serious consequences.

“The continued failure of, and refusal by, the commission to perform this legally binding obligation may, have consequences,” the 4-page order, uploaded on SC website, had stated which was widely reported by the media.

Later on, the deputy registrar of the Supreme Court on September 14 in his letter informed the Registrar’s Office about the clarification issued by the Supreme Court of its order dated July 12 passed in a matter related to reserved seats of the National Assembly. The registrar was informed that notices were not issued on the ECP application seeking guidance from the apex court regarding the July 12 judgement on the reserved seats.

Chief Justice Qazi Faez Isa, while referring to the deputy registrar’s note regarding the 'order' issued on Saturday, September 14, passed on CMAs No7540 and 8139 in Civil Appeals No333 and 334 of 2024 raised nine questions over the order.

The chief justice asked as to;

1- When were the said applications filed?

2-Why were the said applications not fixed before the committee constituted under the Supreme Court (Practice and Procedure) Act 2023?

3-How were the said applications fixed for hearing and how was this done without issuance of cause list disclosing their fixation?

4-Did the office issue notices to the parties and to the attorney general for Pakistan?

5-In which courtroom/ chamber were the applications heard, and by whom?

6- Why was a cause list not issued for announcement of the said order?

7-Why was the said order not fixed for announcement?

8-Without first depositing the original file and the said order in the Supreme Court’s office, how was the said order uploaded on the website?

9- And who directed the uploading of the said order on the Supreme Court’s website?