In a detailed minority judgment, Chief Justice of Pakistan Qazi Faez Isa on Tuesday stated that the implementation of the top court’s July 12 verdict in the reserved seats case was not binding as the review petitions in the case were still pending and not fixed for hearing.
The detailed note came days after the eight judges of the top court, in its second clarification, reiterated that parliament’s amendment to the Elections Act does not have a retrospective effect and it cannot undo the SC’s judgment in the reserved seats case — a move that irked the top judge.
In his dissenting note, the CJP said he considered pointed out the “constitutional violations and illegalities in the majority’s short order of 12 July 2024, and the majority’s detailed judgment of 23 September 2024, the order/clarification of 14 September 2024 and the Clarification of 18 October 2024..”.
The CJP hoped that his colleagues in majority would “reflect and correct their mistakes” and ensure that Pakistan is governed in accordance with the Constitution.
In a detailed dissenting note, Justice Isa said that unfortunately, the review petitions against the majority short order could not be heard because his colleagues — Justice Syed Mansoor Ali Shah and Justice Munib Akhtar — outvoted him on the committee constituted under the SC Practice and Procedure Act, 2023.
Last week, the outgoing CJP took notice of the issuance of the second clarification and summoned an explanation from the respective officers of the court.
