Justices Syed Mansoor Ali Shah and Munib Akhtar from the Supreme Court of Pakistan declared that only the original 13-member bench that delivered the initial verdict can review the reserved seats case.
The Chief Justice of Pakistan, Qazi Faez Isa, advocated for an urgent review, but the two senior justices opposed it.
During the 17th Supreme Court Practice and Procedure Committee meeting, there was a divide which organizes bench formations. Chief Justice Isa pushed for immediate action, but Justices Shah and Akhtar disagreed, advocating for a delay until after the summer vacation. Ultimately, by a 2-1 majority, the committee decided to postpone the review.
Justices Shah and Akhtar emphasized adherence to Supreme Court rules, stating that the review must wait for the same 13-member bench that originally heard the case. The bench is currently dispersed due to the summer break.
They argued for appropriateness in timing, suggesting the review should occur once all members are available. They also noted that proceedings can’t proceed without a detailed judgment from the bench, which is pending.
Meanwhile, Chief Justice Isa stressed the constitutional right to a review, arguing it should take precedence over convenience and even suggested that the court reconvenes during the vacation if necessary.
The background of the dispute involves a review petition by the ruling Pakistan Muslim League-Nawaz (PML-N), challenging a Supreme Court decision that deemed PTI eligible for reserved seats. This petition argues that PTI was not originally a party in the case initiated by the Sunni Ittehad Council (SIC), claiming the decision violates the law.
The PML-N’s petition named the SIC and the Election Commission of Pakistan respondents. This followed a controversial ruling by a 13-member bench, overturning a lower court’s decision, sparking significant political and legal debate.
