Reserved Seats Case | Supreme Court | Justice Athar | Justice Mansoor | CJ Qazi Faiz | J. Muneeb
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- čas přidán 1. 07. 2024
- Justice Athar Minallah on Tuesday remarked that isn’t it responsibility of the judiciary to correct mistakes committed by the Election Commission (ECP) who denied the right to a political party by keeping it away "unconstitutionally".
Justice Minallah gave the remark when hearing of the petition of the Sunni Ittehad Council (SIC) challenging the denial of reserved seats in the national and provincial assemblies resumed.
A 13-member full court, led by Chief Justice of Pakistan Qazi Faez Isa, conducted proceedings.
Other judges on the bench were Justice Syed Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hassan Azhar Rizvi, Justice Shahid Waheed, Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.
THE PROCEEDINGS
When Attorney General Mansoor Usman Awan started his arguments, Justice Minallah asked him that he did not answer the basic question; the Election Commission (ECP) committed a serious violation of the Constitution by keeping a political party away from the elections, isn’t it responsibility of judiciary to correct it.
The attorney general argued that according to the Constitution, [reserved] seats would go to political parties and not to independent candidates. Political parties became eligible for reserved seats if they won at least one seat, he continued.
He presented record of reserved seat in 2002 and 2018 general elections.
He said that in the 2002 elections, 20 percent seats were won by independent candidates in Balochistan. Independent candidates were not counted while the reserved seats were being determined. However, an independent candidate who joined a political party was considered a member of that party.
At this point, Justice Minallah intervened and the attorney general said that he would answer the question at the end of his arguments.
He said the question is, under Article 51, can independent candidates be included in the Sunni Ittehad Council (SIC)? Is the SIC eligible for reserved seats or not?
Justice Ayesha Malik said in 2024 general election, a large number of independent candidates have been elected.
Justice Mansoor Ali Shah said that the case of independents never came in the court in the past. The number of independents is very high and the case has also been filed in the court, he added.
The attorney general said that according to the constitution, elections are not required to fill a vacant seat if the term of the assembly is less than 120 days.
Justice Muneeb Akhtar observed that political parties are the base of the parliamentary system. The question is, how such a large number of independent candidates returned to assembly? Did the people themselves elect the independent candidates? Did the Election Commission declare them independent? If there’s a mistake, shouldn't the court correct this mistake? Shouldn't a legal option be adopted that would remedy this mistake?
Justice Jamal Mandokhel remarked that Article 51 mentions seats, not membership.
Justice Akhtar said that Article 224 is an exception, otherwise no assembly seat can be left vacant.
Chief Justice Qazi Faez Isa remarked that no party has said that the seats should remain vacant. Every party argued that the seats are theirs. If it is so, why are you taking so much time? Why didn't the makers of the constitution ponder such a situation can arise? This was their job, not ours. Address the constitutional question which is before the court, he added.
The attorney general said that Faisal Siddiqui had said that the seat should be left vacant if not given to the SIC.
He said for a parliamentary party, it is necessary for the political party to have won a seat in the elections. A parliamentary party comes into being after the members are sworn in. The question of a parliamentary party is irrelevant here as the matter is related to pre-election situation.
Justice Mansoor Ali Shah asked him where the constitution does not mention the formation of a parliamentary. The attorney general replied that the parliamentary party is mentioned only in Article 63A. It is imperative for under the article that the parliamentary party exists.
The attorney general expressed his ignorance when Justice Shah asked him whether the ECP has declared the SIC as a parliamentary party.
قاضی نے ایک جملہ رٹا ھوا ھے آگے چلو
Ye Chaprasi ke post deserve Nahin kerta ...Qazi Essa Is our tragedy like Asim Munir !!
ik zindabad
عزت صرف انصاف کرنے والے کو ہی ملے گی
Complete justice must be done and must be seen !! Absolutely right ....
CJP is the cheapest judge of our judicial history
Justice Ayesha Malik is very much competent judge she always talk about Merit and Law
Waste of public money, time and complete lack of trust in these so called “ Lords”…..
They r just pulling time for nothing it’s v simple to understand all forgery which happened with PT I and the millions voters
After watching or observing all this proceedings, Pakistani intellectual dishonests can't fool new generation thinking about whole system. Then why blame new generation?
250 people are saying stop this drama and decide in one day who is honest and who is criminal.
No one can trust or rely on this judiciary
Mr Atarny Jenral don't say to judge My lord because Lord is only and only ALLAH you must say Mr Justice for their respect.
Jis Ghar ka sarbara hi ghalat ho Tou wo Ghar Tabha ho jata hai
Jo justices haq ka sath dengay wohi tareekh men apna naam sunehri haroof men likhwaen gay baqi sab jahil samjhay jaengay
Attorney general is also abator of CEC and Faiz Issa trying to block complete justice under article 187.
سارے ججز تقریباً انصاف کے ساتھ کھڑے ہے مگر چیف جج ماننے کو تیار نہیں وہ کہتا ہے میں نے ٹیکنیکل پوائنٹ پہ جانا چاہے انصاف ہو یا نہ ہو
Allah ho akber ❤❤❤❤
اے دل تے گے انکی ذلت ابھی باکی ھے😅😂
Every one knows everything what has happened, what is happening and what will happen, but if someone shuts his eyes that is another thing.
Only wastage time and money of people's of Pakistan.judges specially made Pakistan like a play ground and theater.what msg are they given in other countries.cj may be hired from India, Bangladesh,sirilanka,for hearing and decision of this case.
Our national language is urdu I request the supreme Court of Pakistan please use the our national language during the hiring of the all cases in the supreme Court of Pakistan please sir thanks
Imran khan zindabad ❤
The judge sitting on left of Js Mansoor is giving the body language of : kakkari bari Perri ki sidha Mai Hoon bhae... 😂
Imran khan is the great leader of muslim e umma ❤❤❤❤❤❤
Imran khan zaindaabad🤲🏻🤲🏻🤲🏻🤲🏻🤲🏻
Listening many hearings one thing is very cleared most of Honorable judges against government except few present situation goes to in the favour of PTI
محترم ججز پی ٹی آئ کے وکیل بن گئے ہیں باقی رسمی اعلان باقی ہیے
Imran Khan hi ho ga in Sha ALLAH or qazi sab ap ka constitution Kahan tha Jo pechle 2 Saal se toot Raha hai and nishana only PTI 😢
PTI zindabad ❤❤
ان کو ایسا لگتا ھے کہ نہ مرنا ھے اور نہ یوم محشر اللہ کے حضور پیش ھونا ھے
Justice Aysha Malik ask questions from At-ganeral instead At-ganeral chief Quazi faiz Esa answers
دراڑوں زدہ بلڈنگ کو نیا پینٹ کر کے کلر کی بنیاد پر فیصلہ نہیں کیا جاسکتا خستہ حال بلڈنگ کا تفصیلی جائزے کے بعد ہی مربوط اور پائیدار فیصلہ کیا جاسکتا ہے
محسوس ہوتا ہے اس فل بینچ کورٹ میں چیف جسٹس کو الیکشن کمیشن کے وکیل کو مشورہ دینے اور موضوع بدلنے کےلیے رکھا ہوا۔ جہاں کسی جج کے سوال میں وکیل پھنستا ہے چیف صاحب بولتے ہیں ( چلیں ایسا کر لیتے ہی ، ویسا کر لیتے ہیں یا کہتے اب آگے بڑھیں)
جناب اعلی اردو ہماری قومی زبان ہے
آپ سے مودبانہ گزارش ہے کہ اردو میں بات کریں
SHAME ON QAZI .....SHAMEFUL ACT HE IS DOING BY SITTING ON THE HIGHEST POST
WHO SUPPORT THE IMRAN KHAN?
This CJ is so biased and bootpolishing expert that to expect justice is foolishness.
He talks too much because poor man can not talk at home as Mrs CJ wouldn't allow foolish talk at home
OK zindabad
پتہ نہیں ان صاحب کو چیف جسٹس کس نے بنایا
Only drama playing by attorney general
Qazi should quit this bench immediately
Qazi you never want justice
Ye jaj kunu wakt ko nhi semjte
Yeh qazi apni gulami wali nokri men itna doob gaya hai ke ise apni ohda ka bhi khayal nahi hai
Shame,,
Since Faiz Issa is a criminal he cannot have wisdom as he he will do what his master's dictate.
Hahaha ha ajeba mulk ha khuda ki ksm log bhok sa Mar rHha ha idar English bol 🤐
Qazi per tankead kerna walo zra in jajo ko pachla fasla per lo AP ko in ka asl Chara Nazar ay jia ga
aagey chaloo 😂😂
😊
Qazi Easy paisa
Atahr minallah the great
You are a real disgrace to the justice system in Pakistan
Bhai comedy Urdu mein baten karo English mein Lage abhi kya angrejon ki adalat hai kya Urdu mein baat karo Urdu mein comedy hai Taki sab aapko pata Lage
Angraiz k bache .
PTI zindabad love 💕 you