LEGAL

SC Declares PTI Reserved Seats Relief “Unconstitutional” in Detailed Verdict

Supreme Court issues 47-page detailed verdict in reserved seats case, ruling PTI’s earlier relief invalid. Court says PTI wasn’t a party to proceedings & decisions exceeded constitutional limits.
2025-10-02
SC Declares PTI Reserved Seats Relief “Unconstitutional” in Detailed Verdict

The Supreme Court of Pakistan on Thursday released its detailed 47-page judgment in the reserved seats case, ruling that the relief earlier granted to the Pakistan Tehreek-e-Insaf (PTI) could not be sustained under the Constitution.

The detailed verdict was authored by Justice Jamal Khan Mandokhel and Justice Muhammad Ali Mazhar, with dissenting notes by Justice Ayesha A. Malik and Justice Aqeel Abbasi. A separate note from Justice Salahuddin Panhor explained his withdrawal from the hearing.

The apex court had approved review petitions on June 27, but the written reasons were made public today.

Key Findings of the Verdict

The judgment held that:

·       Article 187 (power of complete justice) cannot be applied arbitrarily and was misused in the earlier ruling.

·       Relief to PTI was given outside the ambit of the Constitution, resulting in the de-notification of assembly members without legal basis.

·       The majority decision by 8 judges, including Justice Mansoor Ali Shah, to grant reserved seats to PTI was contrary to law and record.

·       PTI was never a party before the Election Commission of Pakistan (ECP) or the Peshawar High Court and did not file petitions challenging decisions at those forums.

·       Chairman Barrister Gohar’s application was filed for judicial assistance, not to make PTI a party to the case.

On Sunni Ittehad Council

The court also noted that the Sunni Ittehad Council’s appeals were dismissed unanimously, and no separate petition was filed by the party. The earlier central judgment that affected other political parties without hearing them was declared contrary to the principles of justice.

Clarifications by the Court

·       The Supreme Court never barred PTI from contesting elections.

·       Claims that 80 independent candidates were PTI nominees seeking reserved seats were rejected.

·       The earlier verdict had gone beyond constitutional and legal requirements.

Looking Ahead

The bench stressed that the “power of complete justice” under Article 187 must be exercised strictly within constitutional and legal limits. The court directed that in future, all stakeholders must be heard before reserved seats or electoral rights are decided.