Reserved seats case: CJP, Justice Mandokhel say majority judges’ decision is full of flaws, has no legal status

 Outgoing Chief Justice of Pakistan and Justice Jamal Mandokhel has observed that majority judges’ decision in reserved seats case is full of flaws and has no legal status, reported 24NewsHD TV channel.

Chief Justice Qazi Faiz Isa and Justice Jamal Mandokhel, who were minority judges in reserved seats case, have issued their 14 pages additional note which has been written by CJP.

The minority judges observed that, “Eight majority judges did not dispose of appeals related to reserved seats, when the appeals are not disposed of, the case will be considered pending”.

Justice Issa further said that “8 judges kept appeals pending and asked PTI and Election Commission to file fresh applications. The final decision has not been made, so not implementing the majority decision will not be contempt of court.”

The minority judges said that the brief decision of eight judges on July 12 and the detailed decision of September 23 is full of errors. Chief Justice added that there are also constitutional errors in the explanations of eight majority judges on September 14 and October 18. Chief Justice further contended that 8 judges set up their own virtual court. Justice Issa “hoped that the majority judges will consider their mistakes and correct them as the Constitution of Pakistan is written in simple language”.

CJP said “Unfortunately, the review petition against the majority short decision could not be heard as in the committee meeting, Justice Muneeb Akhtar and Justice Mansoor Ali Shah adopted the position of not appointing a review.”

The minority judges said, “when there were talks about constitutional amendments, including making the term of the Chief Justice three years, he (CJP) opined that judges affected or benefited by the proposed constitutional amendments should not be part of the bench. Other judges did not agree with my (CJP) opinion regarding the formation of the bench in the Judges Committee meeting”. The Chief Justice of Pakistan said “he gave an opinion to form a full court if they are not separating the judges affected by the amendments.” In his note CJP said that, “It is my duty to point out the constitutional violations and shortcomings in the majority decision” He hoped that judges will revisit their mistakes in their decisions.

Justice Issa said, Justice Mansoor Ali Shah disagreed with other judges in the case against NAB amendments and had said that parliament can repeal and make any law but Justice Mansoor Ali Shah changed his opinion in the case of extension of former Army Chief Qamar Javed Bajwa.

The minority judges said General Qamar Javed Bajwa's six-month extension was decided and the decision to extend Qamar Javed Bajwa was written by Justice Mansoor Ali Shah.  Chief Justice of Pakistan said former PM Imran Khan, Farooq Naseem and former Attorney General Anwar Mansoor wanted the extension of Qamar Javed Bajwa. CJP said that in the case of the extension of then army chief, the decision was given not as per the application.

CJP said that in reserved seats case, several candidates submitted declaration in their nomination papers that they belonged to the PTI and some candidates also had PTI affiliation certificates. Minority decision said some candidates did not submit the PTI affiliation certificate but they declared that they belonged to PTI and they should be deemed PTI workers in National and provincial seats. The minority judges made it clear that Election Commission made wrong interpretations of SC’s 13 January 2024 decision.  The minority judges made it clear that ECP has no right to declares candidates of a political party as independent candidates.