ISLAMABAD: Supreme Court of Pakistan has reiterated that amendments made to Elections Act cannot be applied retroactively to alter its July 12 ruling.

In detailed clarification issued by eight judges on Friday, court responded to applications from Election Commission of Pakistan (ECP) and Pakistan Tehreek-e-Insaf (PTI), both seeking clarification on impact of recent changes to law governing elections.

Clarification was made in light of ECP’s query regarding legal effect of Elections (Second Amendment) Act, 2024. ECP argued that amendments to Sections 66 and 104, along with addition of Section 104-A, had altered legal landscape and sought top court’s guidance on whether its July 12 judgment-delivered before amendments-still held force.

PTI, in separate application, contended that Supreme Court’s judgment was based on constitutional principles and should not be overridden by legislative changes.

Supreme Court had earlier ruled on case concerning allocation of reserved seats for women and minorities.

Supreme Court reaffirmed its original stance, making it clear that amendments could not undermine judgment retrospectively.

It emphasised that amendments made after July 12 decision had “No bearing” on ruling and that ECP was legally bound to implement it in full.

Court granted original relief to uphold right of political parties to proportional representation in reserved seats, which it deemed constitutional requirement.

Supreme Court’s senior judges, including Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Irfan Saadat Khan gave judgment.

Published in The Daily National Courier, October, 19 2024

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