In a significant development, a three-judge committee of the Supreme Court, established under the SC Practice and Procedure Act 2023, has made a majority decision to defer the scheduling of the Pakistan Muslim League-Nawaz’s (PML-N) review petition against the court’s verdict in the reserved seats case.
The committee, comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, senior puisine judge Justice Syed Mansoor Ali Shah, and Justice Munib Akhtar, was tasked with determining which bench would hear a review case. Following deliberations, the committee chose not to immediately set a date for the hearing of PML-N’s review petition against the July 12 short order in the reserved seats case, instead proposing a scheduling after two months, post the court’s annual vacations.
Reliable sources indicate that two members of the committee advocated for the review petition to be heard by the same 13-judge full court bench that initially ruled on the matter. Moreover, the unavailability of Justice Shah and Justice Akhtar during the summer vacations was cited as an additional factor contributing to the decision to defer the scheduling of the petition.
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The PML-N had filed a review petition in the Supreme Court on July 15, challenging the decision made on July 12 regarding the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI), as well as requesting the issuance of a stay order on the said decision until a final ruling is made on the case.
In its petition, the PML-N contended that the allotment of reserved seats to the PTI necessitates thorough review, emphasizing that the PTI had not formally requested these seats and that the matter was merely suggested. The petition also brought to light the distinction between the Sunni Ittehad Council and the PTI as separate political entities, underscoring that members identified as part of the PTI had officially declared themselves as independents in relevant documents.
In the case of the reserved seat, the Supreme Court, through an 8-5 majority verdict, declared the PTI eligible for reserved seats following the case of the Sunni Ittehad Council. Chief Justice Qazi Faez Isa, leading a 13-member full court, announced the decision and highlighted that the deprivation of an election symbol did not revoke a party’s right to participate in elections, asserting the PTI’s legal legitimacy. The court directed the PTI to submit its list for reserved seats within 15 days, and candidates were given 15 days to affirm their affiliation with the party.