The Supreme Court of Pakistan on Friday set aside its earlier judgment regarding the allocation of reserved seats to Pakistan Tehreek-e-Insaf (PTI), ruling that the party is not entitled to claim those seats.
The 11-member constitutional bench was led by Justice Aminuddin Khan and included Justices Jamal Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, Aqeel Abbasi, Shahid Bilal Hassan, Hashim Kakar, Salahuddin Panhwar, Aamer Farooq, and Ali Baqar Najafi.
In its brief verdict, the constitutional bench declared the Supreme Court’s July 12 decision null and void and upheld the Peshawar High Court’s ruling against allocating reserved seats to the Sunni Ittehad Council.
It is worth noting that on July 12, 2024, the Supreme Court had previously overturned the decisions of the Peshawar High Court and the Election Commission and had ruled in favor of granting reserved seats to Pakistan Tehreek-e-Insaf (PTI).
At the outset, Justice Salahuddin Panhwar recused himself, causing the 11-member bench to break. He stated that Advocate Hamid Khan had objected to the presence of judges who were elevated to the Supreme Court after the 26th Constitutional Amendment. Justice Panhwar said he was among those judges and recused himself to maintain public trust in the judiciary and to avoid any perception of bias.
Hamid Khan appreciated the recusal, to which Justice Aminuddin responded sharply, saying it was not commendable but a consequence of Hamid Khan’s conduct. He warned against exploiting the court’s leniency.
Justice Jamal Mandokhail gave Hamid Khan ten minutes to argue but cautioned him about his tone, emphasizing the court’s authority. In the exchange, Khan claimed judicial commissions form benches, while Mandokhail challenged him to cite the legal basis, questioning his reliance on the 26th Amendment while opposing it.
Justice Mandokhail further questioned the procedural legitimacy of political party affiliations by independent candidates and expressed concern that the matter was now being unjustly blamed on the judiciary.
He reminded that all 13 judges unanimously ruled that the Sunni Ittehad Council had no entitlement to reserved seats, asserting that misleading narratives were being propagated and the true facts withheld from the public.
