Reserved seats case: Constitutional Bench questions SC jurisdiction on PHC ruling

ISLAMABAD: The Constitutional Bench of the Supreme Court resumed hearing of the review appeal concerning the allocation of reserved seats in the National Assembly. The 11-member constitutional bench, headed by Justice Aminuddin Khan presided over the hearing.

Sunni Ittehad Council’s counsel, Faisal Siddiqui, resumed arguments.

During the hearing, Justice Jamal Khan Mandokhail inquired whether Siddiqui would be able to complete his arguments by the end of the day, to which the lawyer responded affirmatively. Justice Mandokhail remarked that if the arguments were not concluded today, the issue of entry into the assembly might be closed.

Faisal Siddiqui responded that entry into the assembly had already been effectively shut.

The case revolves around the SIC’s request for reserved seats in the National Assembly after independent members – most of them backed by Pakistan Tehreek-e-Insaf (PTI) – joined the council. Siddiqui made reference to the constitutional provisions of Article 187, emphasizing the need to read it in conjunction with Article 175.

He suggested that judicial powers had been divided, which led to an exchange between the bench and the counsel. Justice Hashim Kakar asked Siddiqui to keep the court’s considerations in mind during his arguments, while Justice Mandokhail probed into whether the constitutional amendments had reduced judicial powers.

However, Justice Muhammad Ali Mazhar raised concerns about whether the Court had ever granted relief to parties who were not officially part of the case. He also instructed Siddiqui to examine both the old and new versions of Article 187.

The counsel responded that the 26th Constitutional Amendment was not intended for clarification purposes. However, Justice Aminuddin Khan pointed out that neither the amendment nor Article 184/3 was relevant to the case at hand. In response, Siddiqui asserted that the entire case was indeed tied to these provisions.

As the arguments continued, the bench also probed whether Article 187 could be applied in the context of Article 185, with Justice Aminuddin Khan further questioning whether the Supreme Court had the jurisdiction to intervene in the matter.

The discussions shifted to the reserved seats issue, with Justice Aminuddin Khan noting that independent members had joined the SIC and subsequently applied for the reserved seats. Faisal Siddiqui referred to Article 187, stating that it was the provision that would open the doors for the case to be heard by the Court.

Justice Aminuddin also referred to Article 175/2, pointing out that it granted powers to the Supreme Court. The bench then questioned whether the case had originally been brought to the Supreme Court under Article 185, with further concerns raised about the jurisdiction in which the decision had been made.

The bench also questioned whether the case, initially handled by the Peshawar High Court (PHC), was within the appropriate jurisdiction of the Supreme Court. Siddiqui argued that the Supreme Court had full authority to provide relief in this matter, even in cases involving third-party involvement.

Faisal Siddiqui argued that the PHC did not have the option to provide relief to PTI, suggesting that only the Supreme Court could offer justice in this case.

The hearing was adjourned until tomorrow, with Faisal Siddiqui having completed his arguments. The bench has indicated that they may issue further clarifications on the matter as they continue to deliberate on the reserved seats issue.

Also read: Reserved seats case: Majority judgment against constitution, says ECP