Supreme Court of Pakistan (SCP) detailed verdict on the reserved seat case was expected by the ‘biased bench’ of judges and the timing has been matched to create further controversies and confrontation.
In the detailed decision, two Supreme Court judges; Justice Amin-ud-Din Khan and Justice Naeem Akhtar Afghan) have made certain very valid observations in their dissenting judgment dated 3 August 2024 which need attention.
The judgment is clear evidence of rewriting of the constitution in violation of Article 51.
The federal government after issuing this detailed decision can now file a review petition immediately to get a stay on this order.
The judgment did not resolve the issue but took the country towards political confrontation and appears to be meant to do exactly this
Dissenting notes grounds of two judges
The order passed on 12 July 2024 by SCP is not by the Constitution and SCP ignored and disregarded its mandate, both learned judges observed that “if the said 39 plus 41 persons take any step based on this judgment which is not by the Constitution, they may lose their seats as returned candidates based on violation of the Constitution”, and that “any order of the Court which does not align with the constitutional provisions is not binding upon any other constitutional organ of the State.”
Judges observed that the Order dated 12 July 2024 is not by the Constitution, as Members of a Bench of this Court, or any court, can legitimately differ on issues of fact and law.
