ISLAMABAD – The Supreme Court of Pakistan has reserved its judgment on a case related to reserved seats of the Sunni Ittehad Council.
Chief Justice of Pakistan Justice Qazi Faez Isa is presiding over the full court hearing. Justices including Syed Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan, and Justice Naeem Akhtar Afghan are part of the full court.
Lawyer Faisal Siddiqui presented arguments stating that he will keep it brief and complete the question-answer session in 15 minutes. He argued under Article 218 whether the Election Commission fulfilled its responsibilities transparently or not. He argued that the Election Commission did not fulfill its responsibility, taking the stance that the Sunni Ittehad Council did not participate in the elections and did not compile a list of reserved seats. Faisal Siddiqui further stated that in 2018, the Balochistan Awami Party did not win any seats but obtained three reserved seats, and the Election Commission responded with an answer based on dishonesty related to the Balochistan Awami Party. Faisal Siddiqui mentioned that this issue has been brought to the Supreme Court before by the Election Commission, which is denying its own documents. Is this not dishonesty? Justice Jamal Mandokhail asked if it matters what the Election Commission said? Was the decision of the Election Commission according to the law? Faisal Siddiqui’s response was that the decision of the Election Commission was based on the law related to the Balochistan Awami Party. Justice AAhar Minnalh asked whether the Election Commission challenged the decision of the Balochistan Awami Party regarding reserved seats? Faisal Siddiqui’s response was that the Election Commission said it was a mistake, the Election Commission adopted a stance as if there was no decision related to the Balochistan Awami Party. Justice Irfan Saadat Khan asked whether the Balochistan Awami Party participated in the elections in Khyber Pakhtunkhwa? Faisal Siddiqui’s response was that the Balochistan Awami Party participated in the elections in Khyber Pakhtunkhwa but did not win any seats. Justice Irfan Saadat Khan said that your case is different, the Sunni Ittehad Council did not participate in the elections, give evidence now, but provide detailed answers later. Justice Jamal Mandokhail said that there is a difference between political parties and parliamentary parties. The decisions made within Parliament are made by parliamentary parties, political parties cannot make such decisions. Parliamentary parties are not bound to accept political party decisions. For example, if the Prime Minister wants to vote, the parliamentary party is not bound to implement it on political party decisions. Faisal Siddiqui said that you are absolutely right.
Justice Jamal Mandokhail further found out that if a party takes seats in other provinces and does not take one in a province, what will happen? Faisal Siddiqui replied that the Balochistan Awami Party had won seats in other provinces but did not win seats in Khyber Pakhtunkhwa, it is non-transparent for the Election Commission.
Chief Justice Isa said that you should not sit in the Supreme Court for any part of the Sunni Ittehad Council. According to your arguments, how can you get the reserved seats? The lawyer said that the seats cannot be distributed in proportion to the principles of fair representation, which is being said to be free and is not free. Chief Justice Qazi Faez Isa said that you are giving evidence against yourself, the lawyer replied that I cannot convince you, this is a separate matter, but our case is based on evidence. Chief Justice discovered that your evidence can you give seats to the PTI? The lawyer said that the Sunni Ittehad Council is present in Parliament, it will get seats. Justice Athar Minallah said that there is no evidence of the right to vote and voters, the Election Commission is not providing data to prove its good intentions that the elections were fair, and a political party was banned from the electoral process. He said further that Article 51 confirms the rights of political parties, there are questions about the 2018 elections, should they do the same because there were questions about the Election Commission in 2018. The lawyer said that the Sunni Ittehad Council said that its people are not free, the Election Commission accepted the Sunni Ittehad Council as a parliamentary group.
Justice Jamal Mandokhail said that perhaps Sunni Ittehad people were free at the time of the distribution of the reserved seats, the lawyer said that even during the distribution of reserved seats, independent candidates became part of the Sunni Ittehad, and it is established from the record of the Election Commission.
Faisal Siddiqui further said that the Election Commission would say that you could not join the Sunni Ittehad Council, the Election Commission would continue with the same stance.
The Election Commission’s continuous stance is understandable if the election was normal and transparent?
Justice Athar Minallah said that Faisal Siddiqui got a bonus to your group. Your group did not contest the election, and these 90 seats were won.
Justice Athar Minallah remarked that did the election take place in normal conditions and transparently?
A big political party sent its candidates to another party.
Faisal Siddiqui said that we have to see how independent candidates joined the parties? The parliamentary leader of the party has to include independent candidates, and the independent candidate should be included, according to the rules of the Election Commission if a member of a political party is also a member of the same political party.
The political parties cannot be included in a new group without leaving any political party.
