Supreme Court Issues Detailed Verdict in Reserved Seats Case: PTI Received Relief Without Being a Party, Which Cannot Be Sustained

Islamabad: The Supreme Court of Pakistan has released its detailed 47-page verdict in the reserved seats case, declaring that Pakistan Tehreek-e-Insaf (PTI) was granted relief despite not being a party to the proceedings — a relief that cannot legally be maintained.

The judgment, authored by Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar, also includes dissenting notes from Justice Ayesha A. Malik and Justice Aqeel Abbasi, as well as a separate note from Justice Salahuddin Panhwar explaining his recusal.

The Court clarified that PTI could have joined the case as a party but deliberately chose not to. *“The Supreme Court never ruled that PTI could not contest elections,”* the verdict stated, stressing that complete justice under Article 187 could not be extended to a party that was never part of the case.

The judgment noted that 80 independent candidates never claimed to be PTI nominees, nor did they assert a right to reserved seats. The Election Commission of Pakistan (ECP) had allocated these seats to other parties, but the apex court’s earlier ruling had de-seated them without hearing their side — a move the bench now found contrary to principles of justice.

The Court also observed that Sunni Ittehad Council’s (SIC) conduct was “not commendable,” as its lawyer deliberately delayed proceedings, while SIC itself never filed a review petition.

Regarding PTI, the verdict highlighted that the party was neither a petitioner before the Supreme Court nor before the Election Commission or the Peshawar High Court. Despite this, it was mistakenly granted relief in the central judgment.

The Court further ruled that forming a special bench by excluding minority judges was “illegal” and had no precedent. It stressed that the judiciary could not alter constitutional timelines, nor rewrite the Constitution under the guise of interpretation.

*“The Supreme Court has no authority to rewrite the Constitution or interpret it based on personal preferences,”* the verdict concluded.

This ruling overturns the earlier relief extended to PTI regarding reserved seats, clarifying that constitutional and legal procedures must be followed strictly.