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Saturday August 03, 2024

Supreme Court verdict halted bid to amend Constitution: PTI chairman

Apex court declares PTI a political party and eligible for reserved seats denied by ECP

By Web Desk
July 12, 2024
PTI Chairman Gohar Ali Khan can be seen addressing the media outside Supreme Court in Islamabad on July 12, 2024. — Screengrab/YouTube/Geo News
PTI Chairman Gohar Ali Khan can be seen addressing the media outside Supreme Court in Islamabad on July 12, 2024. — Screengrab/YouTube/Geo News

ISLAMABAD: The Supreme Court ruling has blocked ruling coalition's desire to amend the Constitution according to its wishes, Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan said on Friday.

His remarks came as he addressed the media after the apex court, in a majority verdict, declared that the PTI is a political party and eligible for reserved seats denied by the Election Commission of Pakistan (ECP).

The order has effectively deprived the government of a two-thirds majority in the Parliament, essential for amending the Constitution.

During his address, the barrister said that the decision announced by the top court today was based on truth and said: "It is a happy day for 25 million people, for democratic forces." 

He added: "The decision of the Supreme Court will be remembered in history."

He further claimed that 11 judges of the SC ruled in favour of PTI and that the verdict has halted an attempt to amend the Constitution.

Gohar explained that based on the appeals that have been allowed in the ratio of 8 to 5, the seats will be returned to PTI.

He insisted: "We request the Commission to implement these orders immediately and first of all, the Election Commission should issue us the certificate of our intra-party election within this week."

During the press conference, the PTI chief was accompanied by Chairman of the Sunni Ittehad Council (SIC) Hamid Raza, and party leaders Shibli Faraz and Salman Akram Raja who also spoke to the media.

"Today, we have won legal battle, now, we have to win political battle," Raja said.

JUI-F accepts apex court's verdict, Fazl tells Qaiser

In a phone call with PTI stalwart Asad Qaiser, Jamiat Ulema-e-Islam-Fazl (JUI-F) Chief Maulana Fazlur Rehman said that his party "accepted" the apex court's verdict, which came out as a major legal victory for the former ruling party.

"We express goodwill to the PTI on the [favourable] verdict and hope that the development will improve the ties between the two parties," Fazl told Qaiser.

At this, the former NA speaker thanked Fazl for his good wishes. He said that today's verdict would establish the supremacy of the Constitution and democracy.

'Victory of law'

PTI stalwart Asad Qaiser in reaction to the favourable decision by the apex court said that it was a “victory of Constitution and law”.

“The state will progress if the judiciary makes its decisions according to the law,” he said in a press conference flanked by SIC leader Mahmood Khan Achakzai.

Lauding the Supreme Court’s verdict, Qaiser said that PTI’s mandate had been stolen and the ECP had interpreted the apex court’s previous verdict in the election symbol case.

Qaiser, the former National Assembly speaker, also demanded the election commissioner to step down.

'Bravo'

Addressing the presser, Achakzai said that the apex court's verdict is a “BRAVO”, as it deserves immense congratulations in such “difficult times”.

He welcomed the support of the JUI-F and Jamaat-e-Islami (JI), who welcomed the top court's verdict in the PTI-backed SIC’s favour.

Earlier, JI Emir Hafiz Naeem ur Rehman appreciated the SC decision and called for the resignation of ECP officials.

PTI returns to parliament

With today's ruling by the apex court, PTI is set to return to the parliament as a party.

The ruling declared that "PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024".

Justice Mansoor Ali Shah announced the 8-5 majority verdict which was supported by Justices Athar Minallah, Shahid Waheed, Muneeb Akhtar, Muhammad Ali Mazhar Ayesha Malik, Syed Hassan Azhar Rizvi, and Irfan Saadat Khan.

The PTI candidates did not contest the polls on a single symbol, forcing them to join hands with the SIC, but that could not get the party the reserved seats as the ECP ruled against them.

Furthermore, the court declared that the lack or denial of an election symbol does not in any manner affect the Constitutional or legal rights of a political party to participate in an election, whether general or by, and to field candidates and that the commission is under a Constitutional duty to apply all statutory provisions accordingly.

During the proceedings, some jurists had noted that the apex court had not ruled that the PTI could not participate in the general elections as a political party, and that the commission had misinterpreted the top court's verdict.

According to the verdict, the PHC's judgment dated March 25 is set aside.

"The order of the ECP dated March 1 is declared to be ultra vires to the Constitution, without lawful authority, and of no legal effect," it said.