ISLAMABAD: Chief Justice Qazi Faez Isa, in a case related to land allocation for the Sunni Union Council, said that when the words of the Constitution are clear, we should not interpret them. He asked whether the judiciary is smarter or smarter than Parliament.
A full bench led by the Supreme Judge heard the case.
In the hearing, Faisal Siddiqui, a lawyer for the Sunni Ittehad Council, argued that the court should interpret the Constitution step by step. He said that Justice Jamal Mandokhail had described the Constitution as a living document like a tree and interpreted the Constitution this way in his recent judgment. Chief Justice Kazi Faez Isa asked what was written in the Constitution.
Justice Aminuddin Khan asked about the procedure for members to join political parties. Chief Justice Isa said that the natural meaning of the Constitution should not be considered or why it should be done.
Lawyers for the Sunni Union Council said the real issue was the intent of the constitutional provisions. Justice Jamal Khan Mandokhail asked whether reservation seats should be given to those who do not want to contest elections.
Justice Irfan Saadat Khan said the lawyer’s argument could nullify the provisions of the Constitution and showed that the Sunni Ittehad Council is not a political party. Justice Athar Minallah said that although the party does not have an election symbol, it is still a political party recognized by the Election Commission.
Chief Justice Isa, if PTI still exists as a political party, why do its members join other parties? If the argument is accepted, why do they kill themselves by joining the other party that opposes the argument?
Justice Shaheed Waheed referred to two sub-sections of Rule 92 of the Election Commission. Justice Muneeb Akhtar said that even though the Election Commission had declared the candidate independent, his opinion was not binding in the court. He described it as a dangerous interpretation that political parties form the basis of parliamentary democracy and that the Election Commission had declared the PTI candidate independent because of the Supreme Court order.
Justice Aminuddin Khan said the facts did not support the notion that all the candidates were from PTI and asked why Pakistan Tehreek-e-Insaf Nazriati’s certificate was handed over and then withdrawn.
Advocate Faisal Siddiqui argued that reserved seats can only be allocated under the proportional representation system and there is no concept of distribution of reserved seats outside this system. He said it was the prerogative of political parties and not individual candidates, and criticized the Election Commission’s interpretation of it as political assassination.
Chief Justice Isa said he was bound by the words of the Constitution, not the interpretation of the courts, the Electoral Commission or lawyers, but he disagreed.
Lawyer Faisal Siddiqui asked whether parties that did not participate in the elections could be given special seats. Chief Justice Isa objected, saying that lawyers asked the court not to interpret the words of the constitution, and that lawyers should consider the words and intent of constitutional provisions.
Justice Mandokhail reiterated that reserved seats should not be given to parties that did not contest the elections. Justice Aminuddin Khan asked whether independent members could form new political parties.
According to lawyer Faisal Siddiqui, independent members can join political parties in three days if registered. Chief Justice Isa challenged the idea that political parties should not win seats in elections.
Justice Athar Minallah said the Election Commission recognized both the PTI and the Sunni Ittehad Council as registered parties, saying the reserved seats had nothing to do with the election symbols. Chief Justice Isa questioned why independent members did not join PTI if they were registered, saying he killed his political life by not joining.
Chief Justice Isa questioned whether the arguments of the lawyers representing the Sunni Union Council or the PTI, said it created a conflict of interest as the court was concerned with what the Constitution says and not just the actions of the Election Commission.
Lawyer Faisal Siddiqui said that there are no elections for protest parties in this country. Chief Justice Isa said he should avoid political debates and called out judges who refused to take oath under the PCO and called for a focus on the Constitution.
Lawyer Faisal Siddiqui said the election symbols were removed overnight. Chief Justice Isa said he represented the Sunni Ittehad Council and the election symbol was a horse.
