Islamabad – In a major legal setback for the Pakistan Tehreek-e-Insaf (PTI), a constitutional bench (CB) of the Supreme Court has overturned its earlier July 12 verdict that had granted the party access to reserved seats in national and provincial legislatures. The ruling marks a significant victory for the ruling coalition and may shift the balance of power in Parliament.
A 10-member bench, led by Justice Aminuddin Khan, issued a short order on Friday allowing a series of review petitions and nullifying the earlier majority judgment. “By a majority of 7 to 3, all civil review petitions are allowed and the impugned majority judgment dated 12.07.2024 is set aside,” the order read. It further stated that appeals filed by the Sunni Ittehad Council (SIC) — under whose banner PTI-backed independents had sought reserved seats — were dismissed, and the earlier verdict of the Peshawar High Court was restored.
The majority opinion was signed by Justices Musarrat Hilali, Naeem Akhter Afghan, Shahid Bilal Hassan, Muhammad Hashim Khan Kakar, Aamer Farooq, and Ali Baqar Najafi, in addition to Justice Khan.
Background of the Case
The legal saga began in December 2023 when the Election Commission of Pakistan (ECP) declared PTI’s intra-party elections null and void, a decision later upheld by the Supreme Court. This left the party without a formal electoral symbol, forcing most of its candidates to contest the February 8, 2024 general elections as independents.
Following the election, 80 of those independents joined the Sunni Ittehad Council in an attempt to claim the reserved seats. Initially, a full bench of the Supreme Court ruled in PTI’s favour on July 12, noting that 39 of the winning candidates had declared their PTI affiliation at the time of filing nomination papers. The judgment allowed the remaining 41 to submit their affiliation documents within 15 days. The ruling effectively restored PTI’s parliamentary status.
However, the coalition government challenged the verdict, filing multiple review petitions that were eventually taken up by an 11-member constitutional bench in May.
Implications of the Latest Ruling
With Friday’s short order, the allocation of nearly 80 reserved seats for women and minorities will now exclude the SIC, effectively blocking PTI’s path to re-enter Parliament through these seats. Legal analysts believe the verdict clears the way for the ruling coalition to potentially secure a two-thirds majority, giving it sweeping legislative control.
Political observers say the decision could significantly alter the makeup of both the National Assembly and the Senate, especially with upcoming elections in the Khyber Pakhtunkhwa Assembly. There are already concerns within PTI and SIC circles that the coalition government in Khyber Pakhtunkhwa may now be in jeopardy.
Reaction and Criticism
The verdict has not gone without controversy. Critics, including constitutional lawyers and political commentators, argue that the short order undermines democratic principles. “The judiciary had a chance to uphold democratic participation, but this decision takes us backward,” said one senior legal analyst.
SIC’s lead counsel, Faisal Siddiqi, did not hold back in his criticism: “This judgment shows the dark ghost of [Chief Justice] Qazi Faez Isa is alive and kicking. The journey from stealing the general election to stealing the reserved seats is now complete,” he remarked.
Others have expressed concern over the perceived inconsistency in judicial decisions and the resulting damage to institutional credibility. “Post-18th Amendment, the judiciary was supposed to be the custodian of democratic transition. This order raises questions about that role,” said another senior lawyer.
What’s Next?
The Supreme Court’s detailed reasoning behind the verdict is yet to be released. Until then, legal uncertainty remains regarding the mechanism for reallocating the reserved seats. Experts warn that the lack of clarity in the short order may prompt further litigation or procedural challenges.
For now, however, the ruling delivers a major blow to PTI’s bid to reclaim a formal political foothold in Parliament — a setback with wide-ranging consequences for Pakistan’s evolving political landscape.
