SC slams delay tactics, warns against non-implementation of reserved seats verdict

ISLAMABAD:

The Supreme Court of Pakistan has criticised the delay in implementing its decision on the reserved seats case, warning of serious consequences if the ruling is not implemented.

An eight-judge bench, which ruled on the reserved seats issue concerning the Sunni Ittehad Council (SIC), instructed the Election Commission of Pakistan (ECP) to immediately release the list of Pakistan Tehreek-e-Insaf (PTI) returned candidates.

The court's four-page statement made it clear that the absence of an election symbol does not void a political party's legal and constitutional rights.

"PTI remains a recognised political party and has secured seats in both national and provincial assemblies," the judges stated.

In July, the full-court bench accepted an appeal from the SIC, a PTI-affiliated party, overturning a Peshawar High Court order that upheld the ECP’s decision to deny SIC reserved seats in legislative assemblies. The decision allowed PTI to regain its position as the largest party in the National Assembly by securing reserved seats.

A majority of the judges recognised 39 of the 80 SIC lawmakers as PTI members based on party affiliation certificates submitted prior to the general election, and allowed the remaining 41 to join PTI within 15 days. However, five judges, including Chief Justice Qazi Faez Isa, dissented from the majority opinion.

Meanwhile, speculation is growing that the federal government is preparing to introduce a comprehensive judicial reform package, which could include constitutional amendments. Reports suggest these changes may alter the process for appointing the chief justice of the Supreme Court and raise the retirement age for superior court judges.

The Supreme Court's order could potentially halt the proposed constitutional amendments.

If passed, the reforms would shift the power of appointing the chief justice from the judiciary to the prime minister, who would select from a panel of senior judges. The government argues this would reduce internal lobbying within the judiciary.

The reforms also propose transferring judges between high courts, though raising the retirement age remains a contentious issue. The government is yet to finalise its position, but insiders suggest that the reform package may be introduced in parliament soon.

Despite differences within the coalition on certain aspects, there is general agreement on the need for core judicial reforms. It remains unclear whether the government will have the necessary two-thirds majority to pass any constitutional amendments.

As speculation mounts, the government has summoned both the National Assembly and Senate for rare Saturday sessions, sparking further debate on the timing and content of the proposed changes.