CJ Isa questions SC's Sept 14 'order'

Asks why applications not fixed before committee

ISLAMABAD:

Chief Justice of Pakistan (CJP) Qazi Faez Isa on Saturday sought a reply from the Supreme Court's registrar over the apex court's Sept 14 "order" in response to the Election Commission of Pakistan's (ECP) petition in the reserved seats case.

Earlier, the polls supervisory body had sought clarification on the top court's July 12 order that declared the opposition PTI eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, potentially making the party the single largest party in both houses of parliament.

The Supreme Court had also declared the PTI a parliamentary party. The majority judgement explained that 39 out of the 80 MNAs, shown by the ECP as PTI candidates, belonged to the party. The rest of the 41 independents would have to file duly signed and notarised statements before the commission within 15 days, explaining that they contested the Feb 8 general elections as a candidate of a particular political party.

After notifying 39 out of 80 Members of the National Assembly (MNAs) as PTI members, the electoral watchdog had sought legal and constitutional guidance from the apex court on the matter of the remaining lawmakers in the national and provincial assemblies.

On Sept 14, an eight-member Supreme Court bench disposed of the ECP's petition, stating that the request for clarification was merely a "delaying tactic".

"Putting together the record placed before us [top court], and considering the same in light of the short order, leaves in little doubt that the clarification sought by the commission is nothing more than a contrived device and adoption of dilatory tactics," the eight judges stated in a clarification.

On Sept 14, the deputy registrar of the top court submitted a note to the registrar of the apex court concerning the "clarification issued by eight judges" related to the miscellaneous request from the ECP.

The deputy registrar noted that there had been media reports suggesting that the Supreme Court had issued a clarification regarding its decision made on July 12. But it was highlighted that "no notices have been issued to the relevant parties by the registrar's office, nor have any notices been sent in response to the Election Commission of Pakistan's request for clarification."

"However, neither cause list was issued, nor notices were issued to the parties by the office and the order still has not been received in office till 8:00pm and was uploaded on the website."

Earlier, the PTI had also filed a civil miscellaneous application (CMA).

Meanwhile, in a letter to the ECP on Thursday, National Assembly Speaker Ayaz Sadiq said the judgment on reserved seats "cannot be implemented under the Amended Election Act, 2017".

Sadiq urged the body to honour laws made by parliament, insisting that the amended Elections Act prevented independent lawmakers from switching parties.

He alleged that the top court's July 12 ruling enabled a candidate to switch political parties and argued that this went against the amended Elections Act, which he said now has overriding authority.

On Saturday, the CJP sought replies from the top court's registrar over the deputy registrar's Sept 14 letter.

The top judge asked when were the said applications filed and why they were not fixed before the committee constituted under the Supreme Court Practice and Procedure Act, 2023.

He questioned how the said applications were fixed for hearing and that how this was done without issuing cause list disclosing their fixation.

The CJP asked whether the office had issued notices to the parties and to the attorney general for Pakistan.

He questioned in which courtroom/chamber were the applications heard, and by whom and that why was a cause list was not issued for announcement of the said order.

The top judge asked why was the said order not fixed for announcement.

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? he questioned.

Who directed the uploading of the said order on the Supreme Court's website? the CJP further asked.

It is important to mention here that the detailed verdict on the reserved seats case, for which a short order was issued by eight judges on July 12, has not yet been released.