SC rebukes ‘misconceived’ ECP clarification request, orders immediate implentation of reserved seats verdict

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SC rebukes ‘misconceived’ ECP clarification request, orders immediate implentation of reserved seats verdict​

Dawn.com Published September 14, 2024 Updated 15 minutes ago

The Supreme Court on Saturday rebuked the “misconceived” request by the Election Commission of Pakistan (ECP) to seek clarification from the top court on its verdict in the reserved seats case and ordered the immediate implementation of its original directions.

On July 12, a 13-judge full bench of the apex court had declared that the opposition PTI was eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition and potentially making the PTI single largest party in both houses of Parliament.

The Supreme Court had also declared the PTI a parliamentary party.

The ECP had subsequently finally decided to implement the Supreme Court decision. Instructions were issued to the ECP’s legal team to identify obstacles in the implementation of the judgement so that further guidance could be sought from the top court.

A written order from the apex court issued today on the ECP’s request seeking guidance on certain legal and factual issues said that considering all evidence placed before the court left “little doubt that the clarification sought by the commission … is nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the court. This cannot be countenanced. Even on the application of elementary principles of law, the application filed by the commission is misconceived”
www.dawn.com

SC rebukes ‘misconceived’ ECP clarification request, orders immediate implentation of reserved seats verdict

Condemns ECP request as "contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the court".
www.dawn.com

Qazi aur Fauji ka Extension TO WADD GEYA 🤣
@PakFactor @Mr X @RescueRanger @Respect4Respect @FOOLS_NIGHTMARE @Tameem @prothought @SaadH @Oscar @Jungibaaz @koolio @ghazi52
 
Source:
https://www.dawn.com/news/1858957
Forsvaret said:

SC rebukes ‘misconceived’ ECP clarification request, orders immediate implentation of reserved seats verdict​

Dawn.com Published September 14, 2024 Updated 15 minutes ago

The Supreme Court on Saturday rebuked the “misconceived” request by the Election Commission of Pakistan (ECP) to seek clarification from the top court on its verdict in the reserved seats case and ordered the immediate implementation of its original directions.

On July 12, a 13-judge full bench of the apex court had declared that the opposition PTI was eligible to receive reserved seats for women and non-Muslims in the national and provincial assemblies, dealing a major setback to Prime Minister Shehbaz Sharif’s ruling coalition and potentially making the PTI single largest party in both houses of Parliament.

The Supreme Court had also declared the PTI a parliamentary party.

The ECP had subsequently finally decided to implement the Supreme Court decision. Instructions were issued to the ECP’s legal team to identify obstacles in the implementation of the judgement so that further guidance could be sought from the top court.

A written order from the apex court issued today on the ECP’s request seeking guidance on certain legal and factual issues said that considering all evidence placed before the court left “little doubt that the clarification sought by the commission … is nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the court. This cannot be countenanced. Even on the application of elementary principles of law, the application filed by the commission is misconceived”
www.dawn.com

SC rebukes ‘misconceived’ ECP clarification request, orders immediate implentation of reserved seats verdict

Condemns ECP request as "contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the court".
www.dawn.com

Qazi aur Fauji ka Extension TO WADD GEYA 🤣
@PakFactor @Mr X @RescueRanger @Respect4Respect @FOOLS_NIGHTMARE @Tameem @prothought @SaadH @Oscar @Jungibaaz @koolio @ghazi52
Click to expand...
Told you before. Don't tag me. Idiot.
 

SC slams delay tactics, warns against non-implementation of reserved seats verdict​

The Supreme Court's order could potentially halt the proposed constitutional amendments.


Hasnaat Malik
September 14, 2024

the supreme court of pakistan photo online

The Supreme Court of Pakistan. PHOTO: ONLINE

ISLAMABAD: The Supreme Court of Pakistan has criticised the delay in implementing its decision on the reserved seats case, warning of serious consequences if the ruling is not implemented.

An eight-judge bench, which ruled on the reserved seats issue concerning the Sunni Ittehad Council (SIC), instructed the Election Commission of Pakistan (ECP) to immediately release the list of Pakistan Tehreek-e-Insaf (PTI) returned candidates.

The court's four-page statement made it clear that the absence of an election symbol does not void a political party's legal and constitutional rights.

"PTI remains a recognised political party and has secured seats in both national and provincial assemblies," the judges stated.





In July, the full-court bench accepted an appeal from the SIC, a PTI-affiliated party, overturning a Peshawar High Court order that upheld the ECP’s decision to deny SIC reserved seats in legislative assemblies. The decision allowed PTI to regain its position as the largest party in the National Assembly by securing reserved seats.

A majority of the judges recognised 39 of the 80 SIC lawmakers as PTI members based on party affiliation certificates submitted prior to the general election, and allowed the remaining 41 to join PTI within 15 days. However, five judges, including Chief Justice Qazi Faez Isa, dissented from the majority opinion.

Meanwhile, speculation is growing that the federal government is preparing to introduce a comprehensive judicial reform package, which could include constitutional amendments. Reports suggest these changes may alter the process for appointing the chief justice of the Supreme Court and raise the retirement age for superior court judges.

The Supreme Court's order could potentially halt the proposed constitutional amendments.

If passed, the reforms would shift the power of appointing the chief justice from the judiciary to the prime minister, who would select from a panel of senior judges. The government argues this would reduce internal lobbying within the judiciary.

The reforms also propose transferring judges between high courts, though raising the retirement age remains a contentious issue. The government is yet to finalise its position, but insiders suggest that the reform package may be introduced in parliament soon.

Despite differences within the coalition on certain aspects, there is general agreement on the need for core judicial reforms. It remains unclear whether the government will have the necessary two-thirds majority to pass any constitutional amendments.

As speculation mounts, the government has summoned both the National Assembly and Senate for rare Saturday sessions, sparking further debate on the timing and content of the proposed changes.
 
Well the Supreme Court decision is as bright as the sunlight. Those who don’t want to follow the decision will refuse with any weird excuse like a blind man.

This madness must stop and PTI should be awarded the seats in the light of the Supreme Court judgement.
 
It is now crystal clear that these eight imrandu judges of SCP are playing a dirty political game. They have acted (and are still acting) in violation of the constitution and their oath.

Judiciary has been acting in the past as a monkey trained to dance on military's tuns. Now that military has decided to revert to only their constitutional role, these judges are trying to act the new 'establishment' in Pakistan. BTW, all these judges were inducted by the Faiz Hameed network in a calculated way to position them for becoming the CJP, one after the other, during the next ten to fifteen years. I hope these judges are brought to face justice for their rogue and ultra-constitutional judgements.

It is well known that the judgment of these eight judges was clearly based on the subversion of constitutional articles.

  • PTI was not a party in that case.
  • Neither anyone during the proceedings of that case pleaded for the reserved seats to be given to PTI. Quite contrary to that, even the lawyers of the complainants explicitly stated that PTI was not a party in the case and the reserved seats could not be given to PTI.
  • There are many aspects in their short order/judgement apparently in violation of the law/constitution.
    • PTI was not eligible to issue certificates to its candidates. PTI tried to deceive the ECP by having fake/sham internal elections. The ECP refused to accept those sham internal elections and so It was not eligible to get an election symbol either. So, many PTI supported candidates submitted certificates issued by another political party while many others did not. How can these judges now order ECP to accept all those candidates as the PTI MNAs? These judges are trying to overwrite the concerned laws, the election act. They are doing that intentionally and with mala fide intention.
    • After the elections, PTI supported candidates formally joined that political party in the NA. They were allocated seats in the assebly accordingly. They acted as the MNAs of that political party for many months. Now the judgement of these eight judges orders the ECP to declare them as PTI’s MNAs. How? Can they withdraw their previous requests joining that political party? Can they join PTI after so many months? The law gives only 3 days for that. This is again an attempt by these rogue judges to overstep the law.
    • Some PTI supported MNAs did not join any political party in the NA. So, they are supposed to be independent MNA after the judgement. These judges are now insisting them to be declared as PTI MNAs without even them submitting any application (again within three days after the taking oath as MNA). This is again an mala fide attempt by these rogue judges to overstep the law. I wish these rogue, disgraceful, and dishonest judges be tried under the article 6 of the constitution.
  • After the judgement, these judges went for summer break (for six or eight weeks) without writing the detailed judgement. If they gave a deadline for some action on the part of the ECP and government in their short order/judgement, they were supposed to issue the detailed judgment before that deadline in order to provide the basis and justification for their conclusion (i.e. the short judgement) according to this or that clause of the law or the article of the constitution. These judges have not done that till now. That exposes their mala fide intent.
  • Now they issued another order yesterday regarding the requests of ECP and others without even given them a chance to be heard. That further exposes their mala fide intent.
  • More than that, these imrandu judges have threatened a constitutional institution (i.e. ECP). It's shameful and open badmaashi. These badmaash judges have no jurisdiction to do that.
  • Even more seriously, these eight imrandu judges have lied in their yesterday's written order. They have claimed that ECP had admitted/accepted such as such persons as the valid chairman and general secretary of PTI. The ECP has never given any indication of that during the case hearing or out of court. These liar judges are trying to put their filthy words in ECP's mouth. That even more exposes their mala fide intent.
  • These judges are in a way confronting and overstepping the role of the parliament that wants to put a leash on them for their rogue and clearly a political game.
A judge is supposed to give the judgement purely based on the law and the constitution. The claimed zameer (conscience) cannot be accepted as the basis of judgments simply because zameer varies among persons, can change any time, or can easily be bought (especially from the imrandu judges). The basis of judgements is, and must be, always the law and the constitution. These eight imrandu judges are playing a dirty political game disgracefully in the name of justice.

There is a reason that Pakistani judiciary is disgracefully placed near the bottom in global ranking. Such rogue idiots are disgracing the sacred chair of justice in Pakistan.
 
Last edited:
prothought said:
It is now crystal clear that these eight imrandu judges of SCP are playing a dirty political game. They have acted (and are still acting) in violation of the constitution and their oath.

Judiciary has been acting in the past as a monkey trained to dance on military's tuns. Now that military has decided to revert to only their constitutional role, these judges are trying to act the new 'establishment' in Pakistan. BTW, all these judges were inducted by the Faiz Hameed network in a calculated way to position them for becoming the CJP, one after the other, during the next ten to fifteen years. I hope these judges are brought to face justice for their rogue and ultra-constitutional judgements.

It is well known that the judgment of these eight judges was clearly based on the subversion of constitutional articles.

  • PTI was not a party in that case.
  • Neither anyone during the proceedings of that case pleaded for the reserved seats to be given to PTI. Quite contrary to that, even the lawyers of the complainants explicitly stated that PTI was not a party in the case and the reserved seats could not be given to PTI.
  • There are many aspects in their short order/judgement apparently in violation of the law/constitution.
    • PTI was not eligible to issue certificates to its candidates. PTI tried to deceive the ECP by having fake/sham internal elections. The ECP refused to accept those sham internal elections and so It was not eligible to get an election symbol either. So, many PTI supported candidates submitted certificates issued by another political party while many others did not. How can these judges now order ECP to accept all those candidates as the PTI MNAs? These judges are trying to overwrite the concerned laws, the election act. They are doing that intentionally and with mala fide intention.
    • After the elections, PTI supported candidates formally joined that political party in the NA. They were allocated seats in the assebly accordingly. They acted as the MNAs of that political party for many months. Now the judgement of these eight judges orders the ECP to declare them as PTI’s MNAs. How? Can they withdraw their previous requests joining that political party? Can they join PTI after so many months? The law gives only 3 days for that. This is again an attempt by these rogue judges to overstep the law.
    • Some PTI supported MNAs did not join any political party in the NA. So, they are supposed to be independent MNA after the judgement. These judges are now insisting them to be declared as PTI MNAs without even them submitting any application (again within three days after the taking oath as MNA). This is again an mala fide attempt by these rogue judges to overstep the law. I wish these rogue, disgraceful, and dishonest judges be tried under the article 6 of the constitution.
  • After the judgement, these judges went for summer break (for six or eight weeks) without writing the detailed judgement. If they gave a deadline for some action on the part of the ECP and government in their short order/judgement, they were supposed to issue the detailed judgment before that deadline in order to provide the basis and justification for their conclusion (i.e. the short judgement) according to this or that clause of the law or the article of the constitution. These judges have not done that till now. That exposes their mala fide intent.
  • Now they issued another order yesterday regarding the requests of ECP and others without even given them a chance to be heard. That further exposes their mala fide intent.
  • More than that, these imrandu judges have threatened a constitutional institution (i.e. ECP). It's shameful and open badmaashi. These badmaash judges have no jurisdiction to do that.
  • Even more seriously, these eight imrandu judges have lied in their yesterday's written order. They have claimed that ECP had admitted/accepted such as such persons as the valid chairman and general secretary of PTI. The ECP has never given any indication of that during the case hearing or out of court. These liar judges are trying to put their filthy words in ECP's mouth. That even more exposes their mala fide intent.
  • These judges are in a way confronting and overstepping the role of the parliament that wants to put a leash on them for their rogue and clearly a political game.
A judge is supposed to give the judgement purely based on the law and the constitution. The claimed zameer (conscience) cannot be accepted as the basis of judgments simply because zameer varies among persons, can change any time, or can easily be bought (especially from the imrandu judges). The basis of judgements is, and must be, always the law and the constitution. These eight imrandu judges are playing a dirty political game disgracefully in the name of justice.

There is a reason that Pakistani judiciary is disgracefully placed near the bottom in global ranking. Such rogue idiots are disgracing the sacred chair of justice in Pakistan.
Click to expand...
Only those court orders can be implemented that are based on the law and constitution. That's why the courts write down the detailed judgements for providing the justification and legal basis for their judgments. This short order from the eight imrandu judges apparently have no basis in the law and constitution of Pakistan. That's why those eight judges are so far unable to write down and release their detailed judgement. No state organ, including the executive, ECP, etc. has any obligation to act according to any judgement that is in contradiction with the law and constitution.

All judges have to follow only and only the law and constitution as defined by the parliament, which these eight rogue judges are clearly not doing. Rather they are directly attacking their mother institution, i.e., the parliament, by keeping it incomplete for months now while subverting the constitution and intentionally ignoring the pre-exiting and recently created laws. Their actions are clearly exposing their mala fide intentions.

This judgment, which is devoid of any legality, should be used to prosecute these eight dishonest judges under the article 6 for violating their own oath and subverting the constitution.
 
prothought said:
Only those court orders can be implemented that are based on the law and constitution. That's why the courts write down the detailed judgements for providing the justification and legal basis for their judgments. This short order from the eight imrandu judges apparently have no basis in the law and constitution of Pakistan. That's why those eight judges are so far unable to write down and release their detailed judgement. No state organ, including the executive, ECP, etc. has any obligation to act according to any judgement that is in contradiction with the law and constitution.

All judges have to follow only and only the law and constitution as defined by the parliament, which these eight rogue judges are clearly not doing. Rather they are directly attacking their mother institution, i.e., the parliament, by keeping it incomplete for months now while subverting the constitution and intentionally ignoring the pre-exiting and recently created laws. Their actions are clearly exposing their mala fide intentions.

This judgment, which is devoid of any legality, should be used to prosecute these eight dishonest judges under the article 6 for violating their own oath and subverting the constitution.
Click to expand...

You are just copy pasting thrash written in different threads.

And who is going to decide which court order is to implement and which to ignore and on what basis, because the interpretation of law and constitution is the sole domain of Supreme court. No one can do that except them, and when its decided, it is what it is. Either you like it or not, doesnt matter.

PM, ECP cheif , Army/ISI/MI cheifs all now can be prosecuted under the contempt of court.
 
If Govt / ECP do not obey FULL COURT of SUPREME COURT then nobody should obey anyone. No one should pay their bills, no person should uphold any court's decision, there should be complete system breakdown.

Guys like @prothought have serious mental illness, otherwise it's clear as a day that there is no way you can disobey a full court decision of a supreme court. You can do that when you officially are a total banana state with no law / constitution or in a martial law.

All Judges of Supreme court including Qazi agreed that ECP "misjudged" SC decision of 12 january. So it was basic duty of Supreme court to rectify that error. The july's decision simply rectified this decision.

I only feel pity on people like @prothought, look at their audacity, they are witnessing extreme injustices how country's largest political party was kicked out of elections, how it's workers and their families were targeted, how it's mandate was stolen, then how their reserve seats were gifted to other parties who had no right on those reserve seats. Still these dark souls have audacity to write paragraphs of stupidness and shamelessness to make excuses to defend all this mockery. Such people are hopeless. They'll never develop guts to accept the truth. They will never stand on the right side.
 
HeratKabul said:
Pakistan needs a revolution, otherwise boot regime will continue to rule forever.
Click to expand...
Like the revolution in Afghanistan inspired by admiration of cow urine and salt consumption?
 
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