Islamabad (Press Release) Justice Aminuddin Khan and Mr. Justice Naeem Akhtar Afghan of the Supreme Court issued their dissenting minority decision regarding giving reserved seats for women and minorities to the Pakistan Tehreek-e-Insaf in the National and Provincial Assemblies, in which it was declared that PT. I have not made any claim for getting reserved seats in the case under consideration in the Supreme Court. The jurisdiction created would be tantamount to jurisdiction, no constitutional body can be asked to implement any such decision of the court? For relief which is inconsistent with the Constitution, going beyond the jurisdiction conferred in Articles 175 and 185, Articles 51, 63 and 106 have to be suspended. The Supreme Court decided the fate of 80 members without hearing their position, Tehreek-e-Insaaf cannot get jurisdiction in the case because it was neither a party before the court in this case nor did it appeal to the Election Commission or the High Court.
Tried to take sides, the majority
judgment completely ignored the Rules of Procedure, the relevant provisions of
the law and the Constitution, a 29-page joint dissenting judgment by Justice
Aminuddin Khan and Justice Naeem Akhtar Afghan on Saturday. Released on the
official website of the Supreme Court, which included four letters written by
the Sunni Ittehad Council to the Election Commission, the impugned judgment
stated that it is an established fact that the appellant, the Sunni Ittehad
Council, as a political The party did not participate in the general elections
2024, while the chairman of this party also participated in the general
election as an independent instead of his party's platform. It has been
declared that despite the expiry of 15 days after the issuance of the brief
decision, the detailed decision of the majority judges has not yet been issued.
Yes, the learned judges declared that PTI was not a party in this case,
therefore it has to go out of the jurisdiction assigned in Articles 175 and 185
of the Constitution and suspend Articles 51, 63 and 106 of the Constitution to
give this proceeding.
According to the disputed
decision, the independent candidates were recognized only after the procedure
was completed in the Election Commission, National Assembly and Provincial
Assemblies. It was not controversial, this objection was not raised in any court
proceedings. Why did these members join the Sunni Unity Council? Pakistan
Tehreek-e-Insaf was not a party in the Election Commission and the High Court
and was not a party in this case until the Supreme Court's decision was issued.
It has been stated in the disputed decision that if the above mentioned 80
members of National and Provincial Assemblies change their position just
because of this majority decision, it will be a violation of their oath and the
constitution and they may lose their seats due to this violation. There are,
remember that
Justice Aminuddin Khan and Justice Naeem Afghan issued a dissenting note in
their minority judgment, upholding the decisions of the Peshawar High Court and
the Election Commission of Pakistan, and dismissed the appeal of the Sunni
Unity Council.
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