ISLAMABAD  -    A Full Court will Monday (today) resume hearing of Sunni Ittehad Council (SIC)’s appeal for not allocating women and minorities reserved seats to it in the National Assembly and Provincial Assemblies.

The Full Court, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa will conduct hearing of the appeal of SIC.

Previously, Justice Munib had said that the ECP record shows that the SIC is the political party and the independents are the members of the SIC. Then now how the Commission can contradict its earlier stances.

Faisal Siddiqui, counsel for the SIC, submitted that according to the ECP letter to the Deputy Secretary National Assembly show that they have recognised the SIC as the political party. He further said that the National Assembly Secretariat also deem SIC as the political party.

The Chief Justice said that it was a letter written by the ECP to the Deputy Secretary National Assembly. Justice Munib noted that this is the official communication. He questioned how the Commission now can flip flop its earlier stance and ignore it. Justice Jamal asked under which law the ECP wrote these two letters. The Attorney General said that these two letters will not have bearing to the parliamentary party as the SIC did not win a single seat. He contended that the independents can join a political party which has at least one seat in the Assembly. 

He also said that the Supreme Court hearing the case under Article 185 of the constitution, where the SIC and its chairman are aggrieved of the Peshawar High Court judgment, which upheld the Election Commission decision. The reserved seats were not allotted to SIC claimed by it.

The AGP said that in this limb the apex court cannot pass an order under Article 187, as it gives power to the Supreme Court and not the jurisdiction. The power lies only when under Article 184(3) of the constitution any case is pending before it.

Justice Mansoor said that here the case is pending before us, in the elections we are hearing a limb. He questioned whether the SIC is a political party or not. If it is then we would see Article 187 because all the independents told to the public that they are the members of the PTI. Do we see other things and ignore this aspect that the people have voted to the PTI. Justice Mansoor questioned how do we do complete justice, do we close our eyes?

Justice Athar asked the attorney general that you are telling the Supreme Court to restrict to this to only Article 185. He said one thing is obvious that one party is excluded by the ECP on basis misinterpretation of the SC judgment, adding that indirectly you tell to revive the ‘Doctrine of Necessity’ again. You (government) want that those who have been disenfranchised because of the ECP the Supreme Court validate the wrong of another constitutional body. That is an elephant in the room.

Justice Mansoor said that it is not the case where the patwari taken someone land. It is sui generis, we are to look at the elections as whole. You want that we see one section of the election and ignore the illegality committed by the ECP. Three persons have contested elections on the PTI ticket and elected. He asked then they are not the party, for that there should be no justice?

The Chief Justice said we all talk about the justice, this is illusive concept for you (AGP) justice is different and for others is different. He asked the attorney general to read all the judgment so this Court (SC) on Doctrine of Necessity and Kelsen theory. This is not permissible. I am not one of those judges who pass the judgment on the basis of concept. Imposing our vision on the nation. We are imposing our vision on the will of the Parliament. I can define the justice.

The Chief Justice said that the issue which is being discussed has not been argued before the Court. This principle has been barrow. “Let Pakistan go on the path of constitution,” the CJP added.

Justice Mansoor noted that the issue of independent members never came before the court previously because the number of independents was less, but this time the number of independent [candidates] is very high, so they cannot ignore it.