Reserved seats in assemblies: SC allows live-streaming of proceedings of review pleas
The Court, however, dismissed Sunni Ittehad Council (SIC) three applications. First, application raised objection on the composition of bench. Second, there should be same numerical strength that had heard the original case; third, that the instant matter be heard after the decision on 26th Amendment.
An 11-member Constitutional Bench of the SC, headed by Justice Aminuddin Khan, on Thursday heard SIC's applications, filed through senior advocates, Hamid Khan and Faisal Siddiqui.
Following the announcement of the short order, Faisal thanked the bench, saying despite the fact his applications were dismissed, he is grateful to the bench. 'Very grateful to you,' he again said.
Before rising, Justice Jamal Khan told Faisal that his earlier conduct was unbecoming and unexpected. Faisal replied; 'I am ashamed of it.'
After the conclusion of Makhdoom Ali Khan's argument, when the bench announced that they will reassemble after 10 minutes to announce short order. Faisal Siddiqui along with Hamid Khan in a loud voice said; 'Court cannot deny them the right of rebuttal.' The bench then granted him and Hamid Khan the time to rebut the points raised by Makhdoom in his arguments.
Makhdoom, representing some MNAs of PML-N and PPP, who were elected on reserved seats, but due to SC's order de-seated, contended that the hearing of review petitions by the same bench under Order XXVI Rule 8 of the Supreme Court Rules, 1980 has been taken over by Article 191A of the constitution, adding now this provision will deal in constituting the constitutional benches. He said in view of Article 191A it is not practicable to place the review petition before the same bench that has delivered the judgment.
Makhdoom argued that the present bench is not of 11 members, but 13 members. He said all the available judges in the SC were consulted, two judges were not made part of the bench as they had heard this case in the Peshawar High Court, while two judges dismissed the review petitions, therefore, the present bench comprises 11 judges.
Copyright Business Recorder, 2025
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