CJP seeks reply on judges' clarification

Explanation sought on how clarification was published on the court's website without the original file being submitted

ISLAMABAD:

Chief Justice of Pakistan (CJP) Qazi Faez Isa has again sought an explanation from Supreme Court's registrar office following the release of a second clarification by eight judges in the PTI reserved seats case on Friday.

The top judge on Saturday directed Deputy Registrar Mujahid Mahmood, Assistant Registrar Shahid Habib and Webmaster Asim Javed to explain how the clarification was published on the court's website without the original file being submitted.

Notices had been issued to the deputy registrar and assistant registrar for clarification regarding the compliance process, while the webmaster has also been asked to explain how the clarification was published online.

In a rare move on Friday, the Supreme Court issued a second clarification regarding its July 12 order in the PTI reserved seats case, reiterating that amendments made to the Elections Act, 2017, after the order, cannot retroactively undo the judgment.

On July 12, the SC through a majority of 8 to 5 ruled that the PTI was entitled to the seats reserved for women and minorities, which the Election Commission of Pakistan (ECP) had initially distributed among other parties.

In an apparent attempt to counter the verdict, whose implementation will make the PTI the largest party in the National Assembly, the ruling coalition in August amended the Election Act, 2017, imposing new restrictions on party-switching by independent candidates, in direct conflict with the SC ruling.

In view of the amendment, the ECP on September 26 once again approached the Supreme Court, seeking guidance on allocation of reserved seats to the PTI. The PTI also approached the court later.

Interestingly, ahead of the filing of the ECP application, the apex courr majority bench had not only provided detailed reasons for deeming Imran's party fit for claiming reserved seats but also listed down the "ECP's failures" to conduct free and fair election on February 8.

On Sept 14, prior to unveiling of its detailed verdict, the top court had also issued its first clarification of the brief order on ECP's request, noting the commission was trying to "obstruct implementation" of the judgment.

Later, the deputy registrar of the top court submitted a note to the registrar of the apex court concerning the "clarification issued by eight judges".

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."

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