Justice Ayesha A. Malik has formally lodged a complaint with Chief Justice of Pakistan (CJP) Yahya Afridi regarding the delayed publication of her dissenting order in the reserved seats case. Despite issuing her verdict on Thursday afternoon, the order was not uploaded to the Supreme Court’s website by Friday morning, prompting her to express concern over the IT department’s failure to comply with repeated instructions. In her complaint, Justice Malik described the delay as an unacceptable dereliction of duty and requested immediate action to rectify the situation.
In her dissenting judgment, Justice Malik criticized the Election Commission of Pakistan (ECP) for failing to implement the Supreme Court’s July 2024 ruling, which had declared the PTI eligible for reserved seats. She emphasized that the ECP’s non-compliance undermines the authority of the judiciary and erodes democratic values. Justice Malik also expressed concern over the ECP’s role in filing a review petition, suggesting that the commission had acted with political motives rather than fulfilling its constitutional duty.
Additionally, Justice Malik raised questions about the formation of the current 11-member bench, noting that five of the original 13 judges, including herself, were not reappointed to hear the review petitions. She highlighted concerns over the implementation of Article 191A, introduced via the 26th Constitutional Amendment, which requires the Judicial Commission of Pakistan (JCP) to nominate judges for constitutional benches. Justice Malik emphasized the need for fairness and transparency in the JCP’s composition to safeguard the independence of the judiciary.
Justice Malik’s dissenting judgment also addressed the legitimacy of the bench hearing the review petitions. She argued that to maintain public confidence in the judicial process, the bench should have included all available members of the original majority, including herself. Justice Malik contended that the legitimacy of a bench lies not only in the process of nomination but also in the manner of its constitution.
The controversy surrounding the delayed publication of Justice Malik’s dissenting order has further deepened the rift within the Supreme Court. Her complaint underscores concerns about the functioning of the IT department and the transparency of judicial proceedings. As the situation unfolds, it remains to be seen how the CJP will address these issues and whether any reforms will be implemented to prevent similar occurrences in the future.