Reserved Seats Case | Supreme Court | Justice Athar | Justice Mansoor | CJ Qazi Faiz | J. Muneeb

Justice Athar Minallah on Tuesday remarked that isn’t it responsibility of the judiciary to correct mistakes committed by the Election Commission (ECP) who denied the right to a political party by keeping it away "unconstitutionally".
Justice Minallah gave the remark when hearing of the petition of the Sunni Ittehad Council (SIC) challenging the denial of reserved seats in the national and provincial assemblies resumed.
A 13-member full court, led by Chief Justice of Pakistan Qazi Faez Isa, conducted proceedings.
Other judges on the bench were Justice Syed Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.
THE PROCEEDINGS
When Attorney General Mansoor Usman Awan started his arguments, Justice Minallah asked him that he did not answer the basic question; the Election Commission (ECP) committed a serious violation of the Constitution by keeping a political party away from the elections, isn’t it responsibility of judiciary to correct it.
The attorney general argued that according to the Constitution, [reserved] seats would go to political parties and not to independent candidates. Political parties became eligible for reserved seats if they won at least one seat, he continued.
He presented record of reserved seat in 2002 and 2018 general elections.
He said that in the 2002 elections, 20 percent seats were won by independent candidates in Balochistan. Independent candidates were not counted while the reserved seats were being determined. However, an independent candidate who joined a political party was considered a member of that party.
At this point, Justice Minallah intervened and the attorney general said that he would answer the question at the end of his arguments.
He said the question is, under Article 51, can independent candidates be included in the Sunni Ittehad Council (SIC)? Is the SIC eligible for reserved seats or not?
Justice Ayesha Malik said in 2024 general election, a large number of independent candidates have been elected.
Justice Mansoor Ali Shah said that the case of independents never came in the court in the past. The number of independents is very high and the case has also been filed in the court, he added.
The attorney general said that according to the constitution, elections are not required to fill a vacant seat if the term of the assembly is less than 120 days.
Justice Muneeb Akhtar observed that political parties are the base of the parliamentary system. The question is, how such a large number of independent candidates returned to assembly? Did the people themselves elect the independent candidates? Did the Election Commission declare them independent? If there’s a mistake, shouldn't the court correct this mistake? Shouldn't a legal option be adopted that would remedy this mistake?
Justice Jamal Mandokhel remarked that Article 51 mentions seats, not membership.
Justice Akhtar said that Article 224 is an exception, otherwise no assembly seat can be left vacant.
Chief Justice Qazi Faez Isa remarked that no party has said that the seats should remain vacant. Every party argued that the seats are theirs. If it is so, why are you taking so much time? Why didn't the makers of the constitution ponder such a situation can arise? This was their job, not ours. Address the constitutional question which is before the court, he added.
The attorney general said that Faisal Siddiqui had said that the seat should be left vacant if not given to the SIC.
He said for a parliamentary party, it is necessary for the political party to have won a seat in the elections. A parliamentary party comes into being after the members are sworn in. The question of a parliamentary party is irrelevant here as the matter is related to pre-election situation.
Justice Mansoor Ali Shah asked him where the constitution does not mention the formation of a parliamentary. The attorney general replied that the parliamentary party is mentioned only in Article 63A. It is imperative for under the article that the parliamentary party exists.
The attorney general expressed his ignorance when Justice Shah asked him whether the ECP has declared the SIC as a parliamentary party.

[@AsmattahiraTaras]

قاضی نے ایک جملہ رٹا ھوا ھے آگے چلو

[@AbdulsattarNizamani-r5o]

Ye Chaprasi ke post deserve Nahin kerta ...Qazi Essa Is our tragedy like Asim Munir !!

[@loverguy6642]

After watching or observing all this proceedings, Pakistani intellectual dishonests can't fool new generation thinking about whole system. Then why blame new generation?

[@ihsanullah2969]

ik zindabad

[@imranghani6497]

CJP is the cheapest judge of our judicial history

[@ranousman-st5ib]

Waste of public money, time and complete lack of trust in these so called “ Lords”…..

[@seemakhan1795]

They r just pulling time for nothing it’s v simple to understand all forgery which happened with PT I and the millions voters

[@abdulsattar9585]

Jo justices haq ka sath dengay wohi tareekh men apna naam sunehri haroof men likhwaen gay baqi sab jahil samjhay jaengay

[@abdulhafeezpanhwar5509]

Only wastage time and money of people's of Pakistan.judges specially made Pakistan like a play ground and theater.what msg are they given in other countries.cj may be hired from India, Bangladesh,sirilanka,for hearing and decision of this case.

[@MuhammadAnwar-h8m]

Mr Atarny Jenral don't say to judge My lord because Lord is only and only ALLAH you must say Mr Justice for their respect.

[@moiezali1045]

250 people are saying stop this drama and decide in one day who is honest and who is criminal.

[@RashidulAzam-u2s]

Attorney general is also abator of CEC and Faiz Issa trying to block complete justice under article 187.

[@manzoorahmad6701]

Every one knows everything what has happened, what is happening and what will happen, but if someone shuts his eyes that is another thing.

[@NisarAziz-w9n]

Jis Ghar ka sarbara hi ghalat ho Tou wo Ghar Tabha ho jata hai

[@nadeemshahzad5314]

No one can trust or rely on this judiciary

[@AbdulsattarNizamani-r5o]

Complete justice must be done and must be seen !! Absolutely right ....

[@sultanchowdhry5147]

This CJ is so biased and bootpolishing expert that to expect justice is foolishness. He talks too much because poor man can not talk at home as Mrs CJ wouldn't allow foolish talk at home OK zindabad

[@sirmirkhan8294]

You are a real disgrace to the justice system in Pakistan

[@momtazalam2357]

Yeh qazi apni gulami wali nokri men itna doob gaya hai ke ise apni ohda ka bhi khayal nahi hai Shame,,

[@shery3318]

Hahaha ha ajeba mulk ha khuda ki ksm log bhok sa Mar rHha ha idar English bol 🤐

[@majid298]

محسوس ہوتا ہے اس فل بینچ کورٹ میں چیف جسٹس کو الیکشن کمیشن کے وکیل کو مشورہ دینے اور موضوع بدلنے کےلیے رکھا ہوا۔ جہاں کسی جج کے سوال میں وکیل پھنستا ہے چیف صاحب بولتے ہیں ( چلیں ایسا کر لیتے ہی ، ویسا کر لیتے ہیں یا کہتے اب آگے بڑھیں)

[@amirbhai7479]

Bhai comedy Urdu mein baten karo English mein Lage abhi kya angrejon ki adalat hai kya Urdu mein baat karo Urdu mein comedy hai Taki sab aapko pata Lage

[@sajawalkhan336]

جناب اعلی اردو ہماری قومی زبان ہے آپ سے مودبانہ گزارش ہے کہ اردو میں بات کریں

[@masoodalikhan7371]

دراڑوں زدہ بلڈنگ کو نیا پینٹ کر کے کلر کی بنیاد پر فیصلہ نہیں کیا جاسکتا خستہ حال بلڈنگ کا تفصیلی جائزے کے بعد ہی مربوط اور پائیدار فیصلہ کیا جاسکتا ہے

[@usmangillaman9594]

سارے ججز تقریباً انصاف کے ساتھ کھڑے ہے مگر چیف جج ماننے کو تیار نہیں وہ کہتا ہے میں نے ٹیکنیکل پوائنٹ پہ جانا چاہے انصاف ہو یا نہ ہو

[@syedzafarbukhari2233]

محترم ججز پی ٹی آئ کے وکیل بن گئے ہیں باقی رسمی اعلان باقی ہیے

[@henashameem4153]

SHAME ON QAZI .....SHAMEFUL ACT HE IS DOING BY SITTING ON THE HIGHEST POST

[@SilentPatriotic]

Justice Ayesha Malik is very much competent judge she always talk about Merit and Law

[@AzSah000]

The judge sitting on left of Js Mansoor is giving the body language of : kakkari bari Perri ki sidha Mai Hoon bhae... 😂

[@huppypuppy632]

Our national language is urdu I request the supreme Court of Pakistan please use the our national language during the hiring of the all cases in the supreme Court of Pakistan please sir thanks

[@mahfuzrahman3457]

ان کو ایسا لگتا ھے کہ نہ مرنا ھے اور نہ یوم محشر اللہ کے حضور پیش ھونا ھے

[@KhanzadaKhan-yu1dw]

Imran Khan hi ho ga in Sha ALLAH or qazi sab ap ka constitution Kahan tha Jo pechle 2 Saal se toot Raha hai and nishana only PTI 😢

[@InspirationalParrotfish-yt4iw]

پتہ نہیں ان صاحب کو چیف جسٹس کس نے بنایا

[@RashidulAzam-u2s]

Since Faiz Issa is a criminal he cannot have wisdom as he he will do what his master's dictate.

[@muhammadtufail6121]

عزت صرف انصاف کرنے والے کو ہی ملے گی

[@sajjadalishah539]

Imran khan is the great leader of muslim e umma ❤❤❤❤❤❤

[@Ali.waraya]

اے دل تے گے انکی ذلت ابھی باکی ھے😅😂

[@shakirkamal7994]

Imran khan zaindaabad🤲🏻🤲🏻🤲🏻🤲🏻🤲🏻

[@NasirAli-t3e1v]

PTI zindabad love 💕 you

[@cricketexpertiseandcurrent7918]

Only drama playing by attorney general

[@AhmadArfan-x3i]

Imran khan zindabad ❤

[@AnamulHoque-v1j2c]

Justice Aysha Malik ask questions from At-ganeral instead At-ganeral chief Quazi faiz Esa answers

[@sajjadalishah539]

Allah ho akber ❤❤❤❤

[@JavedKhan-bd9bd]

Angraiz k bache .

[@sanwalali8392]

PTI zindabad ❤❤

[@AliAsghar-st7wp]

Qazi Easy paisa

[@KashifAjaz-q7x]

Listening many hearings one thing is very cleared most of Honorable judges against government except few present situation goes to in the favour of PTI

[@MalikAslam-qw2nt]

Qazi per tankead kerna walo zra in jajo ko pachla fasla per lo AP ko in ka asl Chara Nazar ay jia ga

[@MuhammadGulfam-pb6eg]

Ye jaj kunu wakt ko nhi semjte

[@sirmirkhan8294]

Qazi you never want justice

[@wasimattaullah9510]

aagey chaloo 😂😂

[@asifshah7760]

😊

[@manzoorqazalbash1376]

Qazi should quit this bench immediately

[@JPIcapcloserskarachi2915]

Atahr minallah the great