The Supreme Court’s (SC) Justice Musarrat Hilali on Thursday observed that the Supreme Court’s earlier decision on reserved seats declared the ‘right to vote’ as a fundamental right, while in reality, ‘vote is not a fundamental right.’
She observed this during the hearing of review petitions challenging the Supreme Court’s earlier decision to allocate reserved seats to Pakistan TehreekeInsaf (PTI). An 11member constitutional bench of the Supreme Court, headed by Justice Aminuddin Khan, conducted the proceedings.
Sunni Ittehad Council’s lawyer, Faisal Siddiqi, presented his arguments, stating, ‘For the first time, you are hearing a review of a 13member bench’s verdict. That verdict has not even been fully read before this bench. How can you say the majority opinion should not be read during the review? I am surprised.’
Justice Jamal Khan Mandokhail questioned, ‘Who has stopped you from reading the verdict? Why are you complaining?’ He added, ‘PTI remained a political party even after the intraparty case verdict. PTI itself had no confusion about its status, otherwise, it would not have issued party certificates.’
Justice Muhammad Ali Mazhar asked, ‘Can judges step beyond the constitutional scope to deliver judgments? Even if it’s for the sake of public interest or democracy, can a judge rewrite the Constitution?’
Faisal Siddiqi argued that no rewriting of the Constitution had occurred. In response, Justice Musarrat Hilali noted, ‘It was rewritten-by extending the threeday limit to 15 days.’
Continuing his arguments, Siddiqi said, ‘Eleven judges recognized the independent candidates as being associated with PTI.’ Justice Mandokhail pointed out, ‘As far as 39 candidates are concerned, even I and then Chief Justice Qazi Faez Isa agreed with the eightjudge majority.’
Justice Aminuddin Khan told Siddiqi, ‘You will get another hearing,’ to which Siddiqi responded, ‘I will need at least two more hearings. I have not even begun my arguments. It seems like I am being questioned the most, even though I am not the only one who filed a review petition.’
The Supreme Court subsequently adjourned the hearing on reserved seats until June 16, 2025.