'Specify mistakes', Pakistan’s top court tells opposition PTI before rejecting party polls review plea

Pakistan’s top court dismissed on Monday opposition party Pakistan Tehreek-e-Insaf's (PTI) petition seeking a review of the verdict on the party's first internal polls.

A three-member bench of the Supreme Court, headed by Chief Justice Qazi Faez Isa, rejected the request, stating that no legal errors were raised in the petition.

What’s the issue?

PTI candidates ran as independents in the February 8 election after being barred from using their party symbol, 'the bat,' due to issues with their intra-party elections. While they won the most seats, the ECP ruled that independents were not eligible for the 70 reserved seats, which are allocated only to political parties.

The commission had ordered the reserved seats instead to be distributed among other parties, mostly to those in the ruling coalition.

Under Pakistan's election rules, parties are allocated 70 reserved seats - 60 for women, 10 for non-Muslims - in proportion to the number of seats they win. This completes the National Assembly's total strength of 336 seats.

However, today’s ruling relates to the PTI’s first intra-party elections held last year. The rejection of the plea does not hold any major significance for the PTI as the matter surrounding the second intra-party election is currently pending with the ECP. A hearing for it is scheduled for tomorrow, October 22.

The hearing

During the proceedings, Chief Justice Isa questioned PTI’s counsel, Hamid Khan, on why the issue was not raised earlier. “You can proceed with the case,” Isa advised.

Hamid, however, expressed reluctance to argue before the bench, citing perceived bias. “I cannot argue in front of someone who is very prejudiced against us,” he said, in a veiled reference to the CJP himself.

Chief Justice Isa responded sharply, “I prefer someone who speaks openly rather than addressing matters on TV.” The court emphasized that the PTI had failed to identify any specific mistakes in the ruling they were challenging.

Hamid noted that a petition had been filed to form a larger bench, asserting that review petitions should focus on legal flaws in the original decision. He also argued that the current bench could not hear the case, citing a prior ruling by a 13-member bench in the SIC reserved seats case.

However, CJ Isa clarified that the court would not review any decisions still under deliberation. He reaffirmed that cases under reconsideration by the court are not eligible for further review.

Reserved seats ruling

In July, the Supreme Court ruled that the PTI was entitled to reserved seats in Pakistan’s parliament for women and minorities. However, the passage of the Elections Act 2024 by the ruling coalition complicated the decision’s implementation.

While the Supreme Court directed the ECP to consult the judiciary in case of confusion, the commission’s concerns were dismissed in September. Despite this, the ECP recently raised further objections, citing conflicts with the amended election law.

The Supreme Court, in response, issued another clarification last week, reiterating that the ECP must comply with the court’s ruling, regardless of amendments made to the Elections Act.