- Majority Verdict: The Supreme Court’s full court bench ruled 8-5 in favor of granting reserved seats to PTI. All 13 judges recognized PTI as a parliamentary party.
- PTI Lawmakers: 39 MNAs who declared their affiliation are to be considered PTI lawmakers.
- ECP Directive: The Election Commission of Pakistan (ECP) must seek statements from other independents within 15 days. Once PTI approves their nominations, they will be notified as returned candidates.
- Coalition Government: The law minister stated the decision poses no threat to the coalition government, which retains a majority in the National Assembly.
- Constitutional Impact: The law minister also mentioned that the judgment effectively rewrites the Constitution.
In a landmark decision, the Supreme Court has reinstated the opposition Pakistan Tehreek-i-Insaf (PTI) as eligible for reserved seats for women and non-Muslims in national and provincial assemblies, reestablishing its status as a parliamentary party.
On Friday, the full bench of 13 judges convened in Courtroom No.1, where Chief Justice of Pakistan (CJP) Qazi Faez Isa invited Justice Syed Mansoor Ali Shah to announce the majority verdict. This decision, authored by Justice Shah, was supported by seven other judges: Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Irfan Saadat Khan.
Despite the 8-5 split, all 13 judges confirmed PTI’s status as a parliamentary party, to the relief of PTI Chairman Gohar Ali Khan.
Details of the Judgement
The majority opinion stated that 39 out of the 80 MNAs listed by the ECP as PTI candidates were indeed part of PTI. The remaining 41 independents must file notarized statements with the ECP within 15 days, confirming their candidacy under a specific political party. The ECP will then verify these claims with the respective parties, who must confirm the affiliations within another 15 days. Subsequently, under Article 51 of the Constitution, the ECP will list the returned candidates and report compliance to the Supreme Court.
According to the judgment, PTI is entitled to reserved seats for women and minorities in the National and provincial assemblies of KP, Punjab, and Sindh based on the number of general seats it secured.
The majority ruling overturned the March 25 PHC judgment and the March 1 ECP decision, which denied PTI reserved seats, deeming them unconstitutional and without legal authority.
Minority View
Chief Justice Qazi Faez Isa read out the minority judgment by Justice Jamal Khan Mandokhail, which also recognized PTI as a parliamentary party but noted that those who joined the Sunni Ittehad Council (SIC) did so voluntarily. The minority opinion emphasized adherence to the Constitution and validly enacted laws, avoiding any unwarranted assumptions.
Justice Yahya Afridi directed the ECP to re-evaluate the allocation of reserved seats within seven days, providing opportunities for the concerned parties to present their cases. Justices Aminuddin Khan and Naeem Akhtar Afghan upheld the PHC’s March 25 decision, rejecting SIC’s appeals for reserved seats.
Reactions and Interpretations
The verdict was celebrated by PTI supporters, who gathered outside the Supreme Court building, chanting slogans in support of imprisoned PTI founder Imran Khan.
Senior counsel and PTI leader Hamid Khan praised the ruling as a historic step towards rectifying past injustices against PTI. Former additional attorney general Tariq Mehmood Khokhar hailed it as a victory for the Constitution, democracy, and judicial independence.
Legal experts noted that the decision marked a significant departure from past conventions and reinforced democratic norms by affirming PTI’s status as a political party. The judgment was seen as a testament to the judiciary’s commitment to dispensing justice without fear or favor.
Overall, the Supreme Court’s decision is viewed as a pivotal moment for PTI, restoring its parliamentary status and ensuring its participation in the legislative process.
