Pakistan ministers call Supreme Court's decision on reserve seats beyond constitution

Islamabad [Pakistan], August 5 : Pakistan's Federal Minister for Information and Broadcasting, Attaullah Tarar, said on Sunday that the court's decision on reserve seats was written by going beyond the Constitution, Pakistan-based The News International reported.
Speaking to reporters, Tarar said the detailed decision of the court had not come, even after 15 days. He said the Supreme Court's two judges had spoken about two very important points and termed it very important to respond to their objections with regard to the unilateral relief given to the Imran Khan-founded party.
Attaullah Tarar said the decision of the majority judge will cause the wrong impression. He said the apex court judges said the articles of the constitution would have to be suspended to implement the decision.
He asked, "Will this not be a violation of Articles 62 and 63?" Tarar said floor crossing could be done by justifying this decision in future and any member of the assembly could change his or her party. A huge question mark has been raised on the majority's decision after the dissenting note of the two judges.
Tarar said a review application had been filed on the reserved seats decision of the court, whether it would be possible to justify this decision by crossing the floor or changing the party in the future, according to The News International report.
He stated that the Sunni Ittehad Council chairman participated in the election as an independent candidate. He further said that it was mentioned in the constitution of the Sunni Ittehad Council that no minority member could become a member of his party, according to The News International report.
Meanwhile, Pakistan Muslim League-Nawaz (PML-N) parliamentary leader in the Senate and Chairman Senate Committee on Foreign Affairs Senator Irfan Siddiqui, said the majority judgement of the Supreme Court in the PTI reserved seats case contradicted the provisions of the constitution and termed it controversial.
In a statement, he spoke about the dissenting notes of the two judges of the larger bench and stressed that the decision was beyond jurisdiction, The News International reported.
He said the dissenting notes of the two judges, the views of leading constitutional experts, the recent resolution of the Pakistan Bar Council and the Peshawar High Court five-member bench's unanimous decision stated that the majority judgement was in conflict with the constitution.
On Sunday, PTI leader Akbar S Babar said, "Their (judges') dissenting note states 'any order of the court which is not in consonance with the constitutional provisions is not binding upon any other constitutional organ of the state."
In its ruling on July 14, Supreme Court declared the Imran Khan-founded party eligible for reserved seats for women and minorities in the assemblies after overturning the decisions of the Peshawar High Court (PHC) and the Election Commission of Pakistan (ECP), Geo News reported.
Since the apex court's decision, the ECP has notified 39 out of 80 Members of the National Assembly (MNAs) as PTI members, along with 93 lawmakers in the Punjab, Khyber Pakhtunkhwa and Sindh assemblies, as "returned candidates" of the Imran Khan-founded party, according to Geo News report.
After the fragmentary implementation, the commission, two weeks ago, approached the Supreme Court, requesting legal and constitutional guidance on the matter of the remaining PTI lawmakers in the national and provincial assemblies.