SC registrar submits reply on Sept 14 'order'

Sources maintain no cause list has been issued for ECP and PTI petitions

ISLAMABAD:

The Supreme Court registrar has submitted a report to Chief Justice of Pakistan (CJP) Qazi Faez Isa in response to his nine questions raised over the Sept 14 "order" following a petition by the Election Commission of Pakistan (ECP) in the reserved seats case.

Earlier, the ECP had sought clarification on Supreme Court's July 12 order judgement which declared the 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.

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 8pm and was uploaded on the website."

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

On Sept 21, the CJP posed nine questions to the top court registrar over the deputy registrar's Sept 14 letter.

Meanwhile, on Wednesday, details emerged regarding the response from the apex court registrar. Sources maintained that no cause list had been issued for the ECP and PTI petitions and that no hearing was held in any courtroom.

Sources noted that there was no information about the petitions being heard in any of the judge's chambers. It was stated said that the file was not sent to the registrar's office before being uploaded to the website.

Para 58 of the detailed judgement issued in the reserved seats on Monday clarified that "as the Commission sought clarification of our short order dated 12 July 2024 in order to give effect to it, in terms of para 10 thereof, there was no legal requirement, nor did we find it necessary, to hear the parties before clarifying our own order on the point regarding which the Commission was unclear. Thus, we provided the above clarification without issuing notice to, or hearing, the parties on the Commission's application".

The questions raised by the top judge included 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 not issued for announcement of the said order.