Pakistan’s Supreme Court has made a landmark decision, releasing a 70-page judgment on the Sunni Ittehad Council’s reserved seats case. Written by Justice Mansoor Ali Shah, this verdict emphasizes that the power to decide elections ultimately rests with the people, setting election disputes apart from other civil matters.
The judgment sheds light on the unique nature of election disputes and aims to clarify the legal principles and procedures surrounding electoral issues. This move reinforces the importance of a fair, transparent, and accountable electoral process in Pakistan.
Supreme Court’s detailed verdict on the reserved seats case highlighted the disagreements among the bench members as the ruling particularly addressed the dissenting notes of Justice Aminuddin Khan and Justice Naeem Akhtar Afghan, stating that their disagreement with the majority judgment was inappropriate given their position.
While, unanimous decisions are not always possible, judges must dissent in a way that respects their judicial oath and maintains the decorum of the court.
In a recent Supreme Court decision, two judges diverged from the majority, while three, including the Chief Justice, partially backed using complete justice powers. Despite lengthy discussions, the bench couldn’t agree on full relief. The majority ruled that PTI candidates and voters were denied fundamental rights due to electoral irregularities, compromising proportional representation.
Three judges, including the Chief Justice, disagreed on restoring rights to rightful candidates, labeling the July 12 decision unconstitutional. The majority respected their dissent but criticized its tone.
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The Supreme Court stressed the importance of comprehensive, respectful judgments, considering diverse views and maintaining civility amidst disagreement.
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