The cases are set to be deliberated before the 13-member full court on Tuesday (tomorrow).
The Election Commission of Pakistan (ECP) had allocated 78 seats among various political parties represented in the national and provincial assemblies. However, on May 6, the apex court suspended the ECP’s notification regarding the allocation of these seats.
In the aftermath, a difference of opinion has emerged regarding the allocation. Still, all judges agree that the ECP, by misinterpreting the apex court’s January 13 order, deprived the Pakistan Tehreek-e-Insaf (PTI) of these seats.
The full court remains divided on whether the SC should grant these seats to PTI by exercising jurisdiction under Article 184(3) of the Constitution in conjunction with Article 187.
In previous hearings, most judges questioned the distribution of the 78 reserved seats to other parties. The government argues that if these seats are not allocated to other parties, the majority judgment should hold that the extra seats remain vacant, interpreting that two-thirds means two-thirds of the elected members, not the total number of seats.
Four judges’ opinions will be crucial for the majority judgment. Faisal Siddiqi, counsel for SIC, requested 20 minutes to complete his arguments. The full court is expected to conclude the hearing by Tuesday.
A seven-judge larger bench will resume hearing the federal government’s appeal on Monday (today) against the SC’s judgment declaring the trials of civilians in military courts unconstitutional.
Over 80 PTI activists have been in military custody for more than a year, and the debate continues whether the top court can grant them bail at this stage. Moreover, the military courts’ case was not expedited during CJP Isa’s tenure.
Justice Jamal Khan Mandokhail, recently included in this bench, has previously granted bail to several accused in the May 9 incidents.
Interestingly, Justice Athar Minallah, despite his seniority, was not included in this larger bench by the committee.
Additionally, a three-judge bench of the apex court will address the ECP’s authority to order a recount of votes after notifying a returned candidate.
The significant case, also being heard by a three-member bench led by CJP Isa, will resume on Monday (today). The matter stems from the ECP’s orders for vote recounting under Section 95(6) of the Election Act, 2017.