A 13-member Constitutional Bench (CB) of the Supreme Court admitted for hearing the review petitions against the apex court's decision of awarding reserved seats in the assemblies to the Pakistan Tehreek-e-Insaf (PTI), which would be taken up by an 11-member CB on Wednesday (today).
During a hearing on Tuesday, the two members of the bench, Justice Ayesha Malik and Justice Aqeel Abbasi, dismissed the review petitions as inadmissible. Later, a new cause list was issued, which said that both judges would not be part of the bench for further hearing of the petitions.
Last year, the Supreme Court ruled that the PTI would get the reserved seats in the National Assembly and the provincial assemblies as per its strength in these houses. The Pakistan Muslim League-Nawaz (PML-N), the Pakistan Peoples Party (PPP) and the Election Commission of Pakistan (ECP) has sought review of the decision.
The petitions were heard by the 13-member bench, led by Justice Aminuddin Khan. During the hearing, the judges raised questions regarding the non-implementation of the Supreme Court's original decision, delivered on July 12, 2024.
Haris Azmat, the lawyer for the PML-N, argued that the reserved seats had been given to a party that was not even a party to the case. On that Justice Malik remarked that this point had been answered in the judgment. She then asked the lawyer to apprise the court of the basis of the petition.
Justice Malik said that the apex court's decision was given after hearing all the points in detail. She asked the lawyer whether or not the court's decision was implemented. Justice Abbasi remarked that there was a contempt of court petition for non-implementation of the decision.
To a query from Justice Hashim Kakar, ECP lawyer Sikandar Bashir Mohmand told the court that the ECP had partially implemented the decision. On that, Justice Malik remarked that the ECP could not pick and choose in implementing the court decision.
Later, the court adjourned the hearing until Wednesday (today).The bench accepted the review petitions for initial hearing with a majority of 11-2, and issued notices to the parties concerned. The bench also issued notices on the contempt of court petition filed against the ECP.
Justice Malik and Justice Abbasi gave dissenting opinion and dismissed the petitions as inadmissible at the first hearing. Justice Malik said that she dismissed the three review petitions as inadmissible and would issue detailed reasons later. Justice Abbasi remarked that he agreed with Justice Malik.
Later, a new cause list was issued on the Supreme Court website, according to which, an 11-member CB, headed by Justice Aminuddin Khan, would hear the petitions. Justice Malik and Justice Abbasi were not included in the bench.
However, Kanwal Shauzab's petition to initiate contempt of court proceedings against the ECP for non-implementation of the court decision was not scheduled for hearing in the new cause list. In the previous cause list, this petition was included for hearing on Wednesday.
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