The Supreme Court of Pakistan (SCP) has released a detailed judgment approving the review petitions in the case concerning reserved seats.
According to the judgment, the matter was brought before the Court by the Sunni Ittehad Council (SIC) under Article 185 of the Constitution. The power of complete justice could only have been exercised if the Pakistan Tehreek-e-Insaf (PTI) had been present before the Court. No application from the PTI was pending in relation to the reserved seats. Members who were declared successful on the reserved seats were removed.
The judgment outlines seven undisputed facts in the case. The appeals of the Sunni Ittehad Council were dismissed unanimously in the main judgment on the ground that it was not entitled to reserved seats. The PTI received relief in the original ruling, although it was not a party to the case.
The Court held that the PTI could have joined the review proceedings as a party, but it chose not to. The PTI did not appear as a party at any stage of the case. The relief granted to it in the earlier judgment cannot stand.
The judgment clarifies that the Supreme Court never prohibited PTI from contesting elections. None of the independent candidates declared that they were the PTI candidates or that they were entitled to reserved seats.
The Election Commission of Pakistan (ECP) allocated the reserved seats to other political parties. In the main judgment, those parties were de-seated without being heard, which the Court held to be contrary to the principles of law and justice.
