Law Minister Azam Nazeer Tarar said that the Supreme Court's verdict in favour of the Pakistan Tehreek-e-Insaf (PTI) on reserved seats case does not jeopardise the government's position.
"We still have a majority of 209 members and the verdict has not been completed yet," said the minister after the top court ruled that the PTI was eligible for the allocation of reserved seats.
Tarar said that he was not sure whether the government would file a review petition challenging the verdict or not as it was the prerogative of the federal cabinet, not a minister.
The development comes after the SC announced an 8-5 majority verdict, nullifying the Peshawar High Court's (PHC) order wherein it had upheld the Election Commission of Pakistan's (ECP) decision denying the reserved seats to the Sunni Ittehad Council (SIC).
The verdict was supported by Justices Mansoor Ali Shah, 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 election symbol, forcing them to join hands with the SIC, but that could not get them the reserved seats as the ECP ruled against them.
In its decision today, 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.
"PTI was and is a political party, which secured general seats in the national and provincial assemblies in the general elections of 2024," read the verdict.
The court ordered the Imran Khan-founded party to present a list of names of the candidates eligible for the reserved seats within 15 days of this decision. "Reserved seats in Punjab, Khyber Pakhtunkhwa and Sindh should be given to PTI," it said.
Terming the verdict "interesting", Tarar, while speaking during a press conference, said the SIC had claimed the reserved seats and not the PTI.
"There was no mention of PTI in the PHC verdict and the law says that no judgment can be given against someone without hearing them," said Tarar.
He pointed out that the majority of the parties were not present in the court yet the verdict was announced against them.
Tarar further said that 80 candidates had never claimed in the SC that they belonged to the PTI and why they had to join the SIC. "These 80 candidates said that they belonged to SIC," he said.
"There are constitutional and legal flaws in this verdict that will remain under discussion," said the law minister.
Adviser to Prime Minister on Political Affairs, Rana Sanaullah on Friday said that the Supreme Court's ruling declaring PTI eligible for reserved seats was not a conspiracy against the coalition government.
"Relief was granted [to PTI] without any request for it," Sanaullah stated talking to the media. "Judicial decisions should be comprehensible to the common man. Unfathomable rulings are never in the nation's interest."
The adviser said the cabinet would decide on whether to seek review of the verdict. “Court verdicts are not based on ambiguity; a review is just one option; we will consult our legal team after the detailed verdict."
In response to a question about whether this decision posed a "threat" to the PML-N-led government, an unfazed Sanaullah asserted that the PML-N-led government had sufficient numbers in the federal government and more than necessary in Punjab.
On the PTI’s stance, Sanaullah said, “PTI never claimed the reserved seats. If the Election Commission misinterpreted the ruling, PTI could have interpreted it correctly. Even if PTI has committed a mistake, the court must rectify it?”
“The Supreme Court ruling did not favour the SIC [Sunni Ittehad Council], as their petition was not accepted by the court," Sanaullah noted.
“The new ruling identifies these independent members as part of PTI. Verdicts should be transparent, understandable to the public, and further a sense of security, leading to national progress.”
Voicing grave concerns over the ruling, he argued that "rewriting the Constitution threatens its protection".
Reflecting on past judgement, he added, “A previous ruling had granted someone the unsolicited power to amend the constitution, which the nation suffered from for years.
Such decisions were extremely regrettable and against the country's interest, he said.
"We hold the courts and the judges in utmost esteem. They are the best at what they do. Judges have sworn to protect the constitution; rewriting it contravenes this oath.”
Sanaullah concluded by reiterating, “The government respects the judiciary's decisions and will carefully consider its next steps following a detailed consultation with their legal team.”
Meanwhile, PML-N Senator Irfan Siddiqi said that today's verdict raised a big question of whether there was any value or importance left of the Constitution of Pakistan.
"The Constitution should be set aside if the decisions have to be made on the basis of the doctrine of necessity or the theory of convenience," he added.
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