PESHAWAR
A five members larger bench of Peshawar High Court (PHC) has rejected the petition filed by Sunni Ittehad Council (SIC) against not giving reserved seats to them.
A five members larger bench presided over by Justice Ishtiaq Ibrahim announced the unanimous decision Thursday.
Barrister Ali Zafar argued some questions have been left by larger bench and I will try to assist the court on it. Election Commission (EC) snatched election symbol and this court restored it.
He argued Supreme Court (SC) nullified the decision of this court. Some PTI supported candidates came to fore after this decision. All assembled under umbrella of PTI and later they joined SIC.
He said this case is restricted to National Assembly (NA) KP assembly. Reserved seats of SIC were given to Qabza group.
Court remarked donot say qabza group because EC has given them seats.
He argued SIC did not contest election but it is not necessary. Boycott too is part of election. He said SIC has an election symbol and is entitled to contest election.
Article 72 says political parties enjoy several rights. They can take part in election and form government. The court inquired SIC became political party how. Party did not win any seat in general election.
Barrister Ali Zafar said SIC did not contest election and it got no seat but as a political party it is there.
The court remarked if you have not a single seat then independent candidates cannot join you.
The court further remarked political party will participate in the election and the word win has been used therein.
Ali Zafar said there is no restriction in constitution that political party wins the seat or otherwise. The court inquired did you not weaken the case of PTI by joining SIC. Counsel Zafar told there were two reasons. We had no election symbol. EC disqualified PTI on the matter of intra party election. Ali Zafar said the seats are given to one in the proportion it winds the seat. Justice Ishtiaq Ibrahim remarked if these seats are not given then will the parliament be not complete.
Barrister Zafar said we say that court should make such interpretation of the constitution that this vacuum is not created. It is not written anywhere that you cannot give list again.
Justice Syed Arshid Ali remarked first application is before us .High Courts of other provinces will give their own decisions.
The court remarked only reserved seats have been taken from you but other rights you have. The court reserved the judgment.
Later announcing reserved judgment, the court rejected the plea against not giving reserved seats to SIC.
