SIC’s reserved seats case hearing adjourned until next Tuesday

ISLAMABAD: The Supreme Court of Pakistan has adjourned the hearing on the case concerning the allocation of specific seats to the Sunni Ittehad Council until Tuesday (July 9).

The adjournment follows comprehensive arguments presented by Attorney General of Pakistan (AGP) Mansoor Usman Awan and other legal representatives.

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During the proceedings, Attorney General Awan highlighted historical precedents and constitutional provisions related to reserved seats. He referred to the records from the 2002 and 2018 elections, emphasising that under Article 51 of the Constitution, reserved seats are allocated to political parties that secure at least one seat in the general elections. Awan noted that the reserved seats include 60 for women and 10 for minorities, a formula first implemented in 2002.

Makhdoom Ali Khan, another representative, argued that independent candidates are excluded from the allocation of reserved seats unless they join a political party that has won a seat. He pointed out that in both the 2002 and 2018 elections, the allocation of reserved seats was calculated excluding independents who did not affiliate with a political party.

Chief Justice Qazi Faez Isa and other justices questioned the role of the Election Commission and the interpretation of constitutional provisions. Justice Athar Minullah and Justice Muneeb Akhtar raised concerns about the high number of independent candidates and the constitutional implications of leaving assembly seats vacant.

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The discussion also touched upon the Election Commission’s authority and the legal framework governing parliamentary parties. Attorney General Awan cited that the parliamentary system is inherently based on political parties and that the constitution does not envisage a large number of independents forming a parliamentary party.

Justice Ayesha Malik and Justice Yahya Afridi questioned the eligibility of the Sunni Ittehad Council (SIC) to be considered a parliamentary party under Article 51. The arguments centred on whether the council, if winning a by-election, could be deemed a parliamentary party and thus entitled to reserved seats.

In response to the justices’ queries, Attorney General Awan maintained that independent candidates must align with a political party that has secured a seat to be considered for reserved seats. The court debated the implications of various constitutional articles, particularly Article 63A and Article 224, on the formation and recognition of parliamentary parties.

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As the session concluded, Chief Justice Isa stressed the importance of adhering to the constitution and ensuring that decisions are grounded in justice. The court awaits further arguments from lawyer Faisal Siddiqui, representing the Sunni Ittehad Council (SIC), who will present his final remarks in the next session.