PESHAWAR: Peshawar High Court asked whether Sunni Ittehad Council (SIC) is party or not.

Five-member larger bench of PHC, which is hearing case of reserved seats for SIC, asked Attorney General to argue on Article 51(d) of Constitution so that it could be established whether it is political party? Can it participate in presidential, senate, speaker and deputy speaker elections?

Bench is headed by Justice Ishtiaq Ibrahim and includes Justice Ijaz Anwar, Justice Atiq Shah, Justice Shakeel Ahmed and Justice Syed Arshad Ali. Qazi Anwar and Azam Swati represented SIC in court while Nayyar Bukhari, Faisal Karim Kundi and Farooq Naik appeared on behalf of PPP.

Attorney General Mansoor Awan told court that petitioner party did not participate in general elections. Court said that there is no procedure laid down for providing lists for reserved seats in Election Act.

Attorney General said that there is law for women and minorities under which they are given representation in assembly. Political parties have to submit list of nominees against reserved seats before elections, he added.

Court remarked that there is no provision of submission of list in law. Court asked him whether SIC is being considered political party. Attorney General submitted that under law, party which contested elections is entitled to reserved seats.

Court again asked him whether SIC is political party or not? Can it name an opposition leader? Attorney General replied that law provides that party must have won seat in general elections. Reserved seats are for those parties who have representation in assembly. Head of SIC himself contested elections as an independent candidate, he continued.

Court remarked that there is another law under which independent candidates have to join party within three days. What will happen if an independent candidate joins party that has no representation in Parliament?

Court asked Attorney General if an independent candidate joins party, can’t he be given reserved seats? He replied that seats can be given if there is any representation of that party in Parliament.

Published in The Daily National Courier, March, 14 2024

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