Chief Justice of Pakistan Qazi Faez Isa stated on Tuesday that the clarifications made by the majority judges regarding the reserved seats case lack legal authority and are ineffective. He and Justice Jamal Khan Mandokhel provided detailed reasoning in response to a July 12 short order issued by a 13-member court in the Sunni Ittehad Council appeals concerning reserved seats.
In his 13-page note, the Chief Justice asserted that the majority’s order could not be classified as a ‘court’ ruling, as it was issued by a forum not adhering to fundamental principles of natural justice and due process. He emphasized that these clarifications do not constitute legal orders, are not binding under Article 189 of the Constitution, and cannot lead to contempt proceedings for non-compliance. He criticized the majority for not conclusively deciding the case, which left the appeals pending and created unnecessary complications.
The Chief Justice also noted the irregularity in how the majority’s orders were handled, stating that they circumvented established procedures and did not involve proper hearings or notifications to relevant parties. Justice Mandokhel added that among the 80 candidates reviewed, 41 declared themselves as independents without proper affiliation to the PTI, underscoring that these candidates could not be considered as PTI nominees.
Ultimately, the majority had ruled on July 12 that the PTI was a legitimate political party entitled to reserved seats, overturning a prior decision by the Election Commission of Pakistan. However, dissenting judges maintained that the lack of proper nominations from PTI undermined the claim to those reserved seats. The Chief Justice called for reflection and correction of these judicial mistakes to ensure governance in accordance with the Constitution.
