The Supreme Court of Pakistan is poised to deliver its much-anticipated judgement on the reserved seats case today. The verdict, set to be announced at 12 PM by a three-member bench comprising Chief Justice Qazi Faez Isa and Justices Naeem Akhtar Afghan and Aqeel Ahmed Abbasi, is expected to have significant political implications.
The case, which has seen considerable delays, revolves around appeals moved by the Sunni Ittehad Council (SIC). On Tuesday, after extensive hearings, the court reserved its verdict, which has kept political circles and the public in suspense.
In anticipation of the decision, the SIC held a large protest outside the Supreme Court, underscoring the high stakes and public interest in the outcome.
The judgement will be pivotal in determining whether the current government can muster the necessary support to table a constitutional amendment bill. This effort is complicated by the government’s current shortfall in numbers, making the court’s decision even more critical.
In preparation for potential changes, the federal government has established a committee to finalise a judicial package. According to The Express Tribune, part of the government’s strategy includes a proposal to extend the tenure of all superior court judges by three years. This amendment would notably benefit Chief Justice Isa, who is scheduled to retire on October 25. However, CJP Isa has reportedly expressed no interest in extending his tenure, a stance he did not publicly state during the hearings.
Despite CJP Isa’s reluctance, the government appears keen on having him continue for an additional two to three years. Legal experts suggest that the primary focus of the impending order is not solely on the allocation of reserved seats but also on the proposed constitutional amendment to extend judges’ retirement ages. The proposed amendment aims to set the retirement age for Supreme Court judges at 68 and high court judges at 65.
The Pakistan Tehreek-e-Insaf (PTI) has expressed distrust in CJP Isa, aligning against the perceived unified stance of the Election Commission of Pakistan (ECP), the executive branch, and CJP Isa himself. During a judges’ meeting on Wednesday, a compromise was reportedly suggested to achieve a unanimous decision, but it remains unclear whether a majority of the judges support CJP Isa’s perspective.
The delay in announcing the short order has raised concerns, with expectations for a decision to be made within the current week. The ECP previously allocated 78 reserved seats to various political parties in the national and provincial assemblies. However, on May 6, the Supreme Court suspended the ECP’s notification regarding this allocation, leading to a divide in opinions.
All judges agree that the ECP misinterpreted the apex court’s January 13 order, resulting in the deprivation of these seats from PTI. The full court remains divided on whether the Supreme Court should award these seats to PTI under Articles 184(3) and 187 of the Constitution.
During previous hearings, most judges questioned the distribution of the 78 reserved seats to other parties. There is also consideration that if these seats are not allocated to other parties, the majority judgement might rule that the seats remain vacant, interpreting two-thirds as two-thirds of the elected members, not the total number of National Assembly seats.
