๐๐ก๐ ๐๐๐ญ๐๐ข๐ฅ๐๐ ๐๐๐ฏ๐ข๐๐ฐ ๐๐ฎ๐๐ ๐ฆ๐๐ง๐ญ ๐ข๐ง ๐ญ๐ก๐ ๐๐๐ฌ๐๐ซ๐ฏ๐ ๐๐๐๐ญ๐ฌ ๐๐๐ฌ๐:
The Constitutional Bench of the Supreme Court has recently released its detail review judgment in the Reserve Seats Case on which the Court by majority has overruled the original judgment in which the had reversed the clock and given time to the alleged independent candidates to identify their status and join a parliamentary party within 15 days.
Justice Amin Uddin is author of the judgment. The entire judgment revolves around one technical point that PTI was not before the Supreme Court, nor the Peshawar High Court and nor even before the Election Commission of Pakistan for the reserve seats. Hence, a party, which was not before any forum. cannot be granted reserve seats.
The original judgment was based on general principles of law such as that when a person is wronged by a public body he must be placed in the same position in which he was before the wrong was done to him/her; that justice does not mean that law should be followed irrespective of whether it entails justice or not; that justice means to give each his due and reestablish a lost harmony and equilibrium; and that election matters are not like ordinary civil matters. These matters are public matters and they are more related to the constituencies not to individuals.
c.r.p._312_2024_2102025
