A three-judge panel of the Supreme Court, constituted under the SC Practice and Procedure Act 2023, has decided, by majority vote, not to immediately schedule the Pakistan Muslim League-Nawaz’s (PML-N) review petition challenging the court’s decision in the reserved seats case.
According to sources, the panel, comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, senior puisine judge Justice Syed Mansoor Ali Shah, and Justice Munib Akhtar, deferred the scheduling of PML-N’s petition against the July 12 short order in the reserved seats case. This committee was established under the Act to determine the appropriate bench for hearing review cases.
The PML-N’s review petition was presented to the committee after being assigned a docket number. The committee recommended scheduling the review petition for a date after the court’s annual recess, approximately two months from now. The decision to defer was influenced by the unavailability of Justice Shah and Justice Akhtar during the summer break.
Sources indicate that two members of the panel proposed that the review petition should be heard by the same 13-judge full court bench that initially adjudicated the matter.
On July 15, the PML-N lodged a review petition in the Supreme Court challenging the July 12 decision regarding the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI). The petition also seeks a stay order on the July 12 decision until a final verdict is reached.
The review petition argues that the Supreme Court should reconsider and revoke its decision, asserting that the allocation of reserved seats to the PTI warrants careful review. It contends that the PTI did not formally request these seats and that the issue was only raised as a suggestion.
Furthermore, the petition highlights that the Sunni Ittehad Council and the PTI are distinct political entities. It notes that independent candidates had already aligned with the Sunni Ittehad Council, contrary to the declaration that they were PTI members.
On July 12, the Supreme Court overturned the verdicts of the Peshawar High Court and the election commission, ruling that the PTI is eligible for reserved seats in the Sunni Ittehad Council case. The 8-5 majority decision, announced by Chief Justice Qazi Faez Isa, affirmed the PTI’s status as a legitimate political entity. The court also directed the PTI to submit its list for reserved seats within 15 days.