CJP Isa seeks explanation on clarification by eight SC judges in reserved seats case

• CJP questions how judges issued clarification sans filing original case file.
• also asks web master how clarification was uploaded on SC website.
• Judges say tweaks to election Act can't overrule SC July 12 judgment.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa, for a second time, expressed reprehension over the clarification issued by eight judges on the reserved seats case.

According to the clarification, the amendments made in the Elections Act 2017 cannot overrule the apex court's July 12 judgment pertaining to the matter, The News reported on Sunday.

Seeking an explanation from the relevant department on the second clarification issued by the judges, CJP Isa on Saturday questioned how the eight judges issued a clarification without filing the original file of the case.

He has sought an explanation from Deputy Registrar Mujahid Mahmood, Assistant Registrar Shahid Habib and Web Master Asim Javed.

The eight-member majority judges of the apex court in the reserved seats case on Friday held that the amendments made in the Elections Act cannot undo their judgment with retrospective effect, so the Election Commission of Pakistan (ECP) was bound to implement the judgment in letter and spirit.

In response to the Civil Miscellaneous Applications (CMAs) filed by the ECP and Pakistan Tehreek-e-Insaf PTI) seeking clarification, the eight judges of the Supreme Court issued the clarification in chambers at Islamabad and Karachi.

The eight judges included 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.

They held that the judgment of the apex court has a binding effect in terms of Article 189 of the Constitution and should have been implemented.

Meanwhile, CJP Isa also sought an explanation from the webmaster asking how the clarification was uploaded on the SC website without filing the original file of the case.

Meanwhile, the Public Relations Department of the apex court has not issued any press release in this regard till the filing of this report.