SIC urges SC to expand bench for reserved seats review

ISLAMABAD: The Sunni Ittehad Council (SIC) on Monday suggested the Supreme Court refer the matter to the Judicial Commission of Pakistan (JCP) for the inclusion of two additional judges in the Constitutional Bench hearing review petitions against the judgement granting Pakistan Tehreek-e-Insaf (PTI) reserved seats for women and minorities in National and provincial assemblies.

An 11-member Constitutional bench of the apex court, headed by Justice Aminuddin Khan, heard the review petitions filed by the Election Commission of Pakistan (ECP), Pakistan Muslim League-Nawaz (PMLN), and Pakistan Peoples Party Parliamentarians (PPPP) against the July 12, 2024 verdict.

At the outset, senior lawyer Hamid Khan informed the court that he had filed three Civil Miscellaneous Applications (CMAs) raising objections to the bench’s composition. Justice Aminuddin Khan noted that the CMAs were not yet fixed and advised him to consult the relevant advocate-on-record.

Faisal Siddiqui, counsel for the SIC, clarified that his objections were not personal but constitutional, emphasising respect for all judges. He argued that reviews should be heard by the same number of judges who delivered the original verdict and objected to the exclusion of Justice Ayesha A Malik and Justice Aqeel Ahmed Abbasi.

Justice Aminuddin Khan clarified that the two judges had voluntarily recused themselves, leading to the formation of an 11-member bench. Justice Musarrat Hilali questioned the need for further argument since the judges had already declined to issue notices.

Justice Jamal Khan Mandokhail asked about constitutional provisions for bench formation, while Justice Muhammad Ali Mazhar noted that the two judges had already dismissed the review petitions. Justice Aminuddin Khan added that post-26th Amendment, a smaller bench could hear reviews.

Siddiqui maintained that no precedent exists in Pakistani jurisprudence where a review was heard by a new bench. He cited past judgements, including the PLD 2020-21 SC 639 case concerning Justice Qazi Faez Isa’s review petition.

Justice Hassan Azhar Rizvi questioned the practicality of re-including the two judges if they refused. Siddiqui suggested referring the matter to the JCP to appoint two more judges. Meanwhile, Hamid Khan informed the bench that the Registrar’s office had objected to “scandalous language” in his CMAs. Justice Mandokhail cautioned against such language, prompting a light-hearted exchange. The hearing was adjourned until Tuesday, with Siddiqui set to continue his arguments.