Reserved seats: Current controversy caused by ECP errors, says CJP

The Supreme Court has said observed the current dispute is due to the mistakes of the Election Commission and it is not the duty of the apex court to correct the mistake, while the court does not apply the requirements of justice, but the constitution and the law.

Earlier,  the Supreme Court of Pakistan resumed hearing the Sunni Ittehad Council’s petition seeking the Peshawar High Court’s (PHC) verdict upholding the Election Commission of Pakistan’s decision denying them the reserved seats.

A full-court SC bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case.

The bench comprises Justice Muneeb Akhtar, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar, Justice Jamal Khan MandokhailJustice Malik, Justice Athar Minallah, Justice Syed Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan, Justice Shahid Waheed and Justice Irfan Saadat Khan.

Replying to the arguments of the Attorney General, Justice Athar Minallah said that Article 51 is the right of a political party. The Election Commission expelled a political party, which is an important question, is it not the responsibility of the Supreme Court to look into the violation of the law? Voters voted for a political party.

The Chief Justice observed that the court does not apply the requirements of justice but the constitution and the law. In all judgements of Theory of Necessity, the requirements of justice are mentioned only. When no concrete material is found then justice is interpreted arbitrarily.

Justice Athar Minallah said, should the court endorse the serious violation of the constitution? Can the elephant in the room be ignored? A constitutional body interpreted as unconstitutional and the Supreme Court should confirm?

Later, the court adjourned further hearing of the case till July 9.