Gohar asks ECP to act, Azam says PTI not party to case

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan said that after the detailed verdict of the Supreme Court into reserved seats matter, the Election Commission of Pakistan (ECP) should issue the notification for reserved seats.

Talking to media persons on Monday after meeting of the PTI’s core committee, he said that the apex court’s decision has strengthened democracy reflecting the demands of all political parties.

Barrister Gohar highlighted the PTI has submitted affidavits for 40 out of 41 candidates but the ECP has held four meetings without issuing notification. The SC verdict questions the election commission’s role and calls for immediate action, he added.

He also criticised the Election Commission of Pakistan’s request for further clarification, calling it ill-intentioned. Gohar urged all the political actors to take a step back and support those who have the people’s mandate and allow them political space. Failing to do so, he warned, would only benefit non-political forces and extremists.

He added that it was time for such forces to be curbed, and there should be no more experiments in Pakistan, as previous constitutional amendments had also failed. Gohar defended the PTI’s objective of constitutionalism and the rule of law and said that the party had always applied for a non-objection certificate before holding rallies but still faced immense challenges in getting approval.

He criticised the imposition of time limits for rallies, questioning what legal basis existed for such restrictions. Gohar revealed that PTI had announced rallies in opposition to the recent constitutional amendments and that the legal community has also decided to resist the changes. Lawyers across the country would organise conventions to oppose these amendments.

Barrister Gohar Khan said that the government’s proposed constitutional amendments package was unconstitutional, which will be opposed tooth and nail to ensure the supremacy of the parliament and strengthen democratic norms.

“The constitutional amendments package is a bid by the government to facilitate a specific person, make judiciary subservient, change the structure of parliament, and continue unconstitutional and illegal acts,” he told reporters on the premises of Peshawar High Court here.

The PTI leader said the government’s “unconstitutional and illegal” steps will be opposed at every forum to establish a civilized and democratic society. He also spoke against the idea of a constitutional court, saying there was no room for such a body and that the existing Supreme Court should be strengthened instead. He expressed concern that new amendments would undermine the independence of the judiciary.

Gohar cited examples where judges, who did not rule in favour of the government could be transferred to other provinces, which would effectively curtail judicial freedom. He emphasized that those at the helm of affairs must stop political victimization to move forward and make the country and nation developed and prosperous.

Referring to the July 12 ruling about reserved seats, he termed the questioning and seeking explanation from judges on various matters by the chief justice of Pakistan inappropriate. He said that it was clearly stated that if anyone needed further clarification on the Supreme Court’s decision, they should submit a request in the judges’ chambers.

Meanwhile, Minister for Law Azam Nazeer Tarar said that the party benefitting from the decision was not a party in the case in the Supreme Court (SC) or Peshawar High Court (PHC) while respondents were also not issued notices and MNAs were also not summoned to listen to their opinions.

He said that there were also some remarks against two judges for writing dissenting notes in last two paras of detailed verdict. “I was pained by content of these two paras as all the judges are equal whether they are seniors or juniors”, he said.

He said in the past there had been strong dissenting notes but some strong remarks had never been given in detailed verdict. “But with these remarks, the dissenting notes will not be diluted”, he said.

He said that a law passed by Parliament would be above the decisions of the judiciary and in this context there is no change in the situation. He said that review on the verdict has not become ineffective and it is an independent right as per Constitution and law.

He said that as proceedings held under Article 185 (3), therefore decision are given while taking in view what was prayed and which were parties. “Neither was PTI party in Supreme Court nor was in Peshawar High Court”, he said.

He maintained that decision about reserved seats would be taken as per Constitution and existing law saying that Sections 66 and 104A are very much part of the elections law. He said detailed verdict has not mentioned as to how the decision would overrule these sections of the law and Constitution.

Reacting to detailed verdict of eight judges of the Supreme Court (SC) in case of reserved seats, the Pakistan Muslim League-Nawaz (PMLN on Monday said that implementation on the same would be violation of the Constitution.

In a brief statement on Facebook, the PMLN said that the eight judges through their decision attempted to give reserved seats to a party which never requested for the same favour. “The detailed judgment of 70 pages is in negation of the Constitution. An implementation on the verdict will also be violation of the Constitution”, the statement said.

Danyal Chaudhry MNA of PMLN while talking to media on Monday said that the Constitution is very clean on as to in how many days, the independent candidates need to join a political party from the date of notification of their success.

He said that the ambiguity created through the decision. “The ambiguity has not been created by the Parliament or the Constitution and its brunt will not be on the Constitution, Parliament or on the country”, he said. The PMLN leader maintained that any decision regarding reserved seats would be taken in spirit of the Constitution which would take the things to stability.