SC to delay hearing of PML-N review petition in reserved seats case

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A three-judge committee of the Supreme Court, established under the SC Practice and Procedure Act 2023, has decided by majority vote to delay scheduling the Pakistan Muslim League-Nawaz’s (PML-N) review petition regarding the reserved seats case.

Sources reveal that the committee, comprising Chief Justice of Pakistan Qazi Faez Isa, senior puisine judge Justice Syed Mansoor Ali Shah, and Justice Munib Akhtar, has opted to postpone considering the PML-N’s petition against the July 12 short order until after the court’s annual vacations.

This committee was created to determine which bench would hear review cases. The PML-N’s petition, which was assigned a case number, has been suggested for scheduling two months from now, following the summer recess.

Sources further indicate that two members of the committee believe the review petition should be addressed by the same 13-judge full court that initially decided the matter.

The unavailability of Justice Shah and Justice Akhtar during the summer recess was also a factor in the decision to delay the petition’s scheduling.

On July 15, the PML-N filed a review petition challenging the Supreme Court’s decision from July 12 regarding the allocation of reserved seats to Pakistan Tehreek-e-Insaf (PTI). The petition requests a stay on the July 12 decision until a final ruling is made. It argues that the Supreme Court should reassess and potentially retract the decision, asserting that PTI had not formally requested the reserved seats and that the matter was merely suggested.

The petition also highlights that the Sunni Ittehad Council and PTI were separate political entities and that independent candidates had already joined the Sunni Ittehad Council. It contends that members identified as PTI in official documents had previously declared themselves as independents.

On July 12, the Supreme Court overturned the Peshawar High Court and election commission verdicts, declaring PTI eligible for reserved seats related to the Sunni Ittehad Council. Chief Justice Qazi Faez Isa, leading a 13-member full court, announced the 8-5 majority decision, broadcast live. The court recognized PTI as a legitimate political party, affirming that the loss of an election symbol does not disqualify a party from participating in elections.

The Supreme Court’s ruling confirmed that 39 candidates affiliated with PTI would retain their positions, and the remaining 41 candidates have 15 days to submit affidavits confirming their affiliation. PTI has been instructed to submit its list for reserved seats within 15 days.

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