Reserved seats case: Justices Ayesha, Aqeel’s decisions to be part of final judgment, says Justice Mazhar

ISLAMABAD: The Supreme Court Tuesday adjourned hearing in the reserved seats case for Wednesday (today) after the counsel for Sunni Ittehad Council (SIC) concluded his arguments.

An 11-member constitutional bench heard the review petitions of Election Commission of Pakistan (ECP), Pakistan Muslim League-Nawaz (PMLN) and Pakistan Peoples Party Parliamentarians (PPPP) against the July 12, 2024 judgment on the reserved seats for women and minorities in the national and provincial assemblies.

Continuing his arguments, SIC counsel Faisal Siddiqui told the court that 11 judges could not review a verdict given by a 13-member bench. Justice Muhammad Ali Mazhar responded that since all the judges had signed the initial Supreme Court order, it’s clear that the decisions of Justices Ayesha and Aqeel Abbasi should be counted in the final judgment. Justice Mazhar added that two judges had already issued their decisions on the first day.

He questioned the purpose of having judges rejoin the bench after issuing decisions, adding that court orders always reflect the opinions of all participating judges.

Justice Aminuddin Khan noted that the reduction to 11 members was based on those two judges’ preferences. Justice Mussarat Hilali observed that the two judges gave their decisions based on law and merit.

Justice Jamal Khan Mandokhail asked whether a judge could recuse in open court or even from chambers. Faisal Siddiqui replied that recusals were made in open court, to which Justice Aminuddin responded that there were precedents of recusals from chambers as well.

Justice Muhammad Ali Mazhar asked if the court should issue an order to reinstate certain judges or send them invitations to rejoin. He pointed out that one of the two judges was abroad.

Justice Aminuddin in a lighter tone suggested that Faisal Siddiqui send them the invitations himself.

Meanwhile, commencing his arguments, Hamid Khan, another counsel for SIC, requested the court that the case be adjourned until decision was announced in the 26th amendment case. He also requested that the proceedings on the reserved seats case be broadcast live. Later, the court adjourned the hearing for today (Wednesday) at 11:30am.