SC to ultimately back PHC's decision: Tarar

Law minister says it would be appropriate if a larger bench issued order on SIC appeal

ISLAMABAD:

Expressing its concerns about the suspension of a Peshawar High Court’s (PHC) order for the allocation of additional reserved seats to different political parties, the federal minister for law, Azam Nazeer Tarar, on Monday said the Supreme Court will ultimately have to uphold the PHC order.

“Under the Supreme Court (Practice and Procedures) Act, 2023, a five-member larger bench would have been appropriate to hear the [SIC’s] appeal as it was a matter of interpretation of Articles 51 and 106 of the Constitution,” Tarar said in a statement.

A three-member bench of the SC on Monday admitted an SIC petition against an order of the PHC which on March 14 upheld an order of the Election Commission of Pakistan (ECP) and allocated reserved seats for women and minorities that the SIC claimed to other political parties in legislatures.

After suspending the PHC order, the bench referred the matter to a three-member SC committee for the formation of a larger bench.

Tarar said a stay order should have been avoided in the matter of the legislative power of the Parliament. “It is hoped that the decision of the PHC would be upheld in the final decision,” he added.

Read more: SC suspends PHC verdict denying PTI-SIC reserved seats

The minister said Article 67 of the Constitution is clear that legislation passed by a member of the Parliament remains valid despite his disqualification.

The ECP on December 22, 2023 stripped the PTI of its election symbol in view of irregularities in its intra-party elections. The SC later upheld the ECP order and the party had to field its candidates as independents in the February 8 general elections.

Later the PTI backed independents joined the SIC and applied for allocation of seats reserved for women and minorities in the national and provincial legislatures.

The ECP, however, on March 4 dismissed the request, noting that the SIC had not submitted its priority list of candidates for reserved seats prior to the polls. The SIC challenged the order in the PHC which on March 14 upheld the ECP’s decision.