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Sunday November 24, 2024

Reserved seats case: CJP seeks explanation over clarification by eight judges

Amendments made in Elections Act cannot undo judgement with retrospective effect, so ECP was bound to implement judgement, say judges

By Sohail Khan
October 20, 2024
Chief Justice of Pakistan (CJP) Qazi Faez Isa. — APP/File
Chief Justice of Pakistan (CJP) Qazi Faez Isa. — APP/File

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Saturday sought an explanation from the department concerned of apex court on the second clarification given by the eight judges on the reserved seats case.

The eight-member majority judges of the Supreme Court in the reserved seats case on Friday held that the amendments made in the Elections Act cannot undo their judgement with retrospective effect, so the Election Commission of Pakistan (ECP) was bound to implement the judgement in letter and spirit. In response to the Civil Miscellaneous Applications (CMAs) filed by the ECP and Pakistan Tehreek-e-Insaf PTI) seeking clarification, the eight judges of the Supreme Court issued the clarification in chambers at Islamabad and Karachi. 

The eight judges included Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Irfan Saadat Khan.

They held that the judgement of the apex court has binding effect in terms of Article 189 of the Constitution and should have been implemented. It was learnt that CJP Isa on Saturday sought an explanation from Deputy Registrar Mujahid Mahmood, Assistant Registrar Shahid Habib and Web Master Asim Javed as to how the eight judges issued a clarification without filing the original file of the case. The chief justice also sought an explanation from the web master to state as to how the clarification was uploaded on the Supreme Court website without filing the original file of the case.

Meanwhile, the Public Relations Department of the Supreme Court has not issued any press release in this regard till the filing of this report.