In my opinion, the Supreme Court’s decision is set to unleash Pandora’s box of legal and procedural anomalies within the National and Provincial assemblies. Because the judges have given relief to PTI by reversing the time back to 8th February, which was not even the party in the case.
They also did not hear the grieving party, the MNAs & MPAs, who will lose their seats now, so what will be the status of the resolutions and bills passed by those parliamentarians?
Didn’t any judge read the “floodgate doctrine” caused by such decisions?
Also, in the coming fortnight, I foresee chaos over PTI representation. The judges have assumed 81 seats which is not true. There were many of those candidates who applied for PTI tickets but ended up contesting as independents. The allocation of reserve seats and the distribution among potential forward blocks cause big chaos which the judges refuse to consider or foresee.
There’s also a looming threat the judges will not stop now & might advance into electoral forms 47 and 45, jeopardising the Parliament’s structure.
Furthermore, the legitimacy of parliamentary amendments passed by now-former MNAs and MPAs is in question. This ruling has effectively rewritten constitutional boundaries, traditionally reserved for parliamentary supremacy, not the judiciary.
Judicial rule is to interpret the Constitution, not to overwrite it. This decision is illegal and ultra vires, therefore, the government must go for judicial review asap.
There’s also a looming threat the judges will not stop now & might advance into electoral forms 47 and 45, jeopardising the Parliament’s structure.
The monumental decision echoes past judgments like the Bhutto case, for which courts have apologised after 40 years, acknowledging such decisions should never have occurred.
The government, Election Commission and all affected parties should appeal and seek a stay against this ruling.
This judicial overreach, propelled by Justice Mansoor’s ambitions and influenced by compromised judges sympathetic to PTI, has deeply scarred Pakistan’s legislative framework.
The writer tweets @ShamaJunejo