Reserved seats case: SC dismisses SIC pleas against formation of bench

ISLAMABAD: The Supreme Court on Thursday dismissed pleas filed by the Sunni Ittehad Council (SIC) objecting to the formation of a constitutional bench to hear review petitions against the July 12, 2024 judgement in the reserved seats case but allowed one plea seeking live streaming of the proceedings.

An 11-member constitutional bench of the Supreme Court, headed by Justice Aminuddin Khan, announced a short order on the Civil Miscellaneous Applications (CMAs) filed by the SIC challenging the composition of the bench.

“For reasons to be recorded later, the application seeking live streaming of the instant review petition is allowed,” Justice Aminuddin announced after hearing arguments from the parties’ counsels.

However, the bench dismissed the SIC’s other CMAs, including objections to the formation of the bench and a plea seeking to halt proceedings on the review petitions until a final decision is reached on pending petitions challenging the vires of the 26th Constitutional Amendment. The court directed the IT Department to arrange live streaming of the review petitions.

The 11-member bench dismissed Faisal Siddiqui’s objections and Hamid Khan’s plea to halt proceedings but allowed live streaming.

Earlier, Makhdom Ali Khan, representing women affected by the July 12 judgement, argued that under Article 191A of the Constitution and the Practice and Procedure Act, the 1980 Supreme Court Rules do not apply to this bench.

Justice Mandokhail questioned which 1980 rules conflicted with the new amendment. Makhdoom Ali Khan clarified that the 1980 rules no longer govern review petitions and that the 26th Amendment defines the constitutional bench’s jurisdiction. He also noted that the bench should consist of 13 judges, with a majority of seven required to decide the review. Regarding live streaming, he said his clients had no objections.

When Faisal Siddiqui sought a right of reply, Justice Aminuddin questioned its necessity after Makhdoom Ali Khan’s arguments. Siddiqui requested adequate time, prompting Makhdom Ali Khan to argue that the SIC lacked locus standi.

An exchange followed, with Justice Aminuddin cautioning Siddiqui for his tone, while Justice Mandokhail assured him of a fair hearing opportunity.

After the short order, Justice Aminuddin asked Makhdoom Ali Khan to begin arguments on the review petitions. However, Hamid Khan and Faisal Siddiqui urged the court to resume proceedings only after live streaming arrangements were made.

The bench adjourned the hearing until Monday, May 26.