Federal Minister of Defense and senior leader of Pakistan Muslim League-Nawaz (PML-N) said in a press conference in Sialkot on Saturday that on Monday Parliament I will decide that Govt Supreme Court Will file a review appeal once morest the decision regarding specific seats in the parliament or not.
He said that Pandora’s box has been opened in the current situation which is not good for the national future.
He said that tomorrow we will tell which institution that you did unconstitutional work. The Election Commission is also a constitutional body and so is the Parliament.
Attorney General of Pakistan Mansoor Usman Awan told the media on Saturday that there has been no discussion on filing a review petition once morest the Supreme Court’s decision at the federal government level.
He said that the option of revision petition is there but it should be used very thoughtfully.
Federal Law Minister Azam Nazir Tard had said in a press conference yesterday that ‘currently nothing can be said regarding whether the government will file an appeal once morest the court decision or not. The federal cabinet will decide on the request for review.
The two-thirds majority of the ruling coalition in the Houses, especially the National Assembly, has been lost following the Supreme Court’s decision on Friday regarding reserved seats in Parliament.
However, with the support of 209 members of the National Assembly, the government headed by the Pakistan Muslim League-N has a simple majority, but due to the rulers losing their majority in the National Assembly, there is a fear of difficulties in legislation.
The Supreme Court in its decision Pakistan Tehreek-e-Insaf was entitled to reserved seats for women and minorities in the Houses.
In the decision, the independent members of the National Assembly who were successful in the February 8 elections with the support of PTI have been instructed to approach the Election Commission within 15 days so that they can join PTI once more.
According to the same number, specific seats will be allotted to PTI in the Houses of Parliament.
According to legal experts, as a result of the decision of the Supreme Court, the government coalition may face difficulties not only in the legislation but also in the upcoming Senate elections.
Prime Minister Shehbaz Sharif’s government is unhappy with the Supreme Court’s decision and the main question is what are the legal options to legally reverse this decision?
Government options
According to Supreme Court Bar President Shehzad Shaukat: ‘The government has no option but to file a revision petition once morest this Full Court decision, as it cannot be legally challenged through an intra-court appeal.’
Former Vice-Chairman Pakistan Bar Council Amjad Hussain Shah says that the revision appeal once morest this decision of the Supreme Court will also be placed before the judges, who gave the first decision, so it can be seen from the large majority that this decision has come from. It happens that the decision cannot be changed even on revision appeal.
Legal capacity once morest judgment
Shahzad Shaukat said that there is only enough scope in the law to file a revision appeal once morest this decision. Government lawyers can try to change the decision only by bringing up legal issues in this decision.
The decisions of the full court are usually heard by the judge who gave the decision, so it is not possible to raise any case afresh. However, the tradition of re-proving the points on which concerns should be expressed in the decision has also been seen less.
President Supreme Court Bar Association said that ‘there can be no intra-court appeal once morest this judgment as it can be when the Supreme Court has passed an order under 184(3).
But this decision has been given once morest the challenged decision of the Peshawar High Court under Section 185, which the court declared null and void. According to the law, there cannot be an intra-court appeal once morest this decision.
Amjad Hussain Shah said that even if the government files a revision appeal once morest this decision, it is difficult to change the decision because the majority of eight judges out of 13 have given this decision.
‘Second, comprehensive and detailed arguments have been given by both sides during the hearing of this case.’
He said that if the government wants to file a revision appeal once morest this decision, then leave it. Besides, they cannot legally get re-allocated seats.’
Possible effects of the decision
Speaking to the media following the verdict, the Federal Law Minister said, “It feels like the constitution has been rewritten, as PTI members participated in the elections with separate electoral symbols and following winning the election, We did not appear before the commission or the Peshawar High Court and did not submit an affidavit that we are related to PTI. All of them claimed that ‘we have won as an independent and we belong to the Sunni Ittehad Council.’
According to Shahzad Shaukat, the 39 members who had joined the Sunni Unity Council in the decision of the Supreme Court will be considered independent and the members who won with the support of PTI were independent and also joined the Tehreek-e-Insaaf. Permission has been granted. After that, a decision will be taken to give them specific seats.
“The important thing here is that the legally independent members have the right to join any party other than Tehreek-e-Insaaf or to maintain independent status.”
Amjad Hussain Shah further said that the Supreme Court has given this decision only under justice by keeping the constitution and procedure aside. Which will have negative effects on political and economic stability.
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“If the decision was to be made only on the basis that the vote fell in the name of PTI, then the election should have been ordered once more.
The Supreme Court has also interfered with the election procedure of the Election Commission as the schedule of list of certain seats is fixed before the election. For the first time following so many months, it has been justified to provide the list at any time, which will continue the confusion in the houses in the future.
“This decision will always be controversial like the decision of 63 A, which can create problems not only in the political but also in the parliamentary system.”
Fayyaz-ul-Hasan Chauhan, leader of the Stabilization Pakistan Party (IPP), has said in a statement that ‘the simple interpretation of the decision is that 13 judges unanimously refused to recognize the Sunni Ittehad Council as a parliamentary party.
According to the decision of the Supreme Court, the 36 members out of 87 who had declared themselves PTI candidates from the beginning to the end of the election 2024 will only be considered PTI members. The remaining 41 will be independent members and they can join PTI by giving an affidavit within 15 days.
He further said that if he joins any other parliamentary party, no floor crossing law will apply to him. Now the whole game will revolve around 41 members. The next 15 days will see big fluctuations.’
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2024-07-13 22:22:41
