Umer Mehtab
May 26, 2025
An 11-member constitutional bench (CB) of the Supreme Court live-streams its proceedings for the first time as it resumes hearing a set of review pleas in the reserved seats case. — Screengrab via YouTube/SCPProceedings
Justice Jamal Khan Mandokhail. — SC website/File
An 11-member constitutional bench (CB) of the Supreme Court live-streams its proceedings for the first time as it resumes hearing a set of review pleas in the reserved seats case. — Screengrab via YouTube/SCPProceedings
Justice Jamal Khan Mandokhail questioned the PTI’s decision to merge with the Sunni Ittehad Council (SIC) during last year’s elections as the Supreme Court’s constitutional bench (CB) heard review pleas against a
ruling that had declared the main opposition party eligible for reserved seats.
In its July 12, 2024
short order, eight out of 13 judges ruled that 39 out of a
list of 80 MNAs were and are the returned candidates of the PTI, setting it to emerge as the
single largest party in the National Assembly.
However, the ruling had
not been implemented by the
National Assembly, while the Election Commission of Pakistan (ECP) had raised some
objections. The review petitions against the SC order had been filed by the
PML-N, the
PPP and the
ECP.
An 11-member CB led by Justice Aminuddin Khan resumed the hearing today after Justices Ayesha A. Malik and Aqeel Ahmed Abbasi had dismissed the review petitions on the first day of hearings.
The CB live-streamed its proceedings for the first time today, after
accepting the SIC’s application for it last week. The hearing was live-streamed on the SC’s
YouTube channel.
The other 10 members of the bench were Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhter Afghan, Shahid Bilal Hassan, Muhammad Hashim Khan Kakar, Salahuddin Panhwar, Aamer Farooq and Ali Baqar Najafi.
During today’s hearing, Justice Mandokhail observed that it was not a political party that contested the elections but rather its candidates.
He further noted that the problem of reserved seats would not have arisen had the PTI-backed independent candidates not
joined the SIC — a decision former premier Imran Khan’s party took after having its election symbol
revoked by the SC just a month before the polls.
Senior counsel Makhdoom Ali Khan appeared on behalf of PML-N and PPP women candidates affected by the July 2024 ruling and concluded his arguments.
ECP counsel Sikandar Bashir Mohmand and PML-N lawyer Barrister Haris Azmat also informed the court that they had submitted their written responses. PPP’s Senator Farooq H. Naek said he would file his party’s response tomorrow. Subsequently, the hearing was adjourned till tomorrow (Tuesday).
Initially, a full-strength 13-member CB led by Justice Aminuddin took up the review pleas on May 6. However, Justices Ayesha and Abbasi declared the applications as
inadmissible and were not part of the subsequent proceedings, with the CB head judge noting they had stepped back voluntarily.
Justice Ayesha had
formally complained to Chief Justice of Pakistan (CJP) Yahya Afridi about her dissenting order not being uploaded to the SC’s website.
In her
judgement, she had criticised the ECP for not implementing the earlier order, observing that it would “not only undermine the authority of the Supreme Court but also erode the foundational values of democracy itself”.