Islamabad: Supreme Court (SC) constitutional bench while admitting for preliminary hearing the review petitions regarding reserved seats has issued notice to respondents.
SC Constitutional bench under Justice Amin ud Din Khan took up the petitions for hearing Tuesday.
Haris Azmat counsel for PML-N said reserved seats were given to such a party which was not party in the case.
Justice Ayesha Malik remarked reply to this point has been given in the decision. What is basis of your review petition.
Justice Jamal Mandokhail remarked RO order and election commission decision was before us.
Haris Azmat counsel for PML-N said there was battalion of lawyers of PTI but they did not challenge this order.
Justice Jamal Mandokhail inquired should we give punishment of mistake of one party to entire nation.
During the hearing of the case Sikandar Bashir Mohmand counsel for Election Commission (EC) came on rostrum.
Justice Hashim Kakr inquired have you implemented this decision. Give reply to this question in yes or no.
Counsel for EC said that we have implemented the decision to the extent of one paragraph.
Justice Aqeel Abbasi inquired is it thing of your will or desire that what paragraph will be implemented.
Justice Ayesha Malik inquired from counsel for EC how he is affected by this decision. You were asked in central case too that your attitude is of a party attitude. You are seeking review on the decision you have not implemented. Your job is holding election. How can you become party in this case.
Counsel for EC said I was made respondent in Peshawar High Court (PHC). Therefore I came to SC.
Justice Ayesha Malik remarked SC interpreted the constitution which was not liked by you. You came to SC again.
Justice Hashim Kakar inquired have you implemented SC decision. If EC has implemented decision then ok otherwise what is guarantee for this that our decision will be implemented.
Counsel Sikandar Bashir said we have partially implemented the decision.
Justice Ayesha Malik remarked you cannot make pick and chose in the implementation of decision. You implemented what part you liked and did not implement what part you disliked.
Justice Aqeel Abbasi while moving to counsel for EC said should we not hear the contempt of court petition against you first. You did not implement decision. Contempt of court petition is pending against you. If contempt of court proceedings is initiated against you then you will seek review.
Sikandar Bashir counsel for EC said we have implemented the decision.
Justice Aqeel Abbasi said you have not implemented the decision. Don't say this.
Justice Jamal Mandokhail remarked " leave the case. You are taking the SC where.
Justice Amin ud Din said contempt of court plea will be heard with this case.
Justice Ayesha Malik remarked I read your petition. I have question about its maintainability.
Justice Aqeel Abbasi inquired if we take up contempt of court plea against you then will you be able to give arguments in this case.
The SC constitutional bench admitted review petitions for hearing and issued notice to the respondents.
Justice Ayesha Malik and Justice Aqeel Abbasi while dissenting with the decision of admitting the review petitions for hearing declared the petitions non maintainable.
Majority of 11 judges issued notice to respondents.
The court adjourned hearing of the case till today (Wednesday).