LHC seeks response from federal govt, ECP on SC reserved seats verdict implementation

LHC seeks response from federal govt, ECP on SC reserved seats verdict implementation

Pakistan

SC mentioned that application couldn’t be filed directly under Article 184 (3)

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LAHORE (Dunya News) - The Lahore High Court (LHC) has sought response from the federal government and the Election Commission of Pakistan (ECP) on Sept 27 on an application for implementation of the Supreme Court reserved seats verdict. 

LHC's Justice Raheel Kamran Sheikh heard the application filed by citizen Munir Ahmed for implementation of SC reserved seats verdict. Advocate Azhar Siddique representing the applicant appeared before the court. 

State counsel informed the court that the Supreme Judicial Council meeting was going on and the attorney general was engaged there. 

He said the PTI, a respondent in this case, had already filed an application in the Supreme Court through Barrister Gohar Ali Khan. 

Justice Raheel inquired from the applicant's lawyer how this case was admissible. 

Advocate Azhar Siddique responded that additional attorney general stated in the previous hearing that this case was proceeding in the SC and this application would have a number and notice had been issued. 

The court directed the attorney general to appear in court in personal capacity. 

Advocate Siddique informed that the SC had time and again mentioned that application couldn’t be filed directly under Article 184 (3) of the constitution. 

Justice Raheel Kamran remarked that NAB Act sections were challenged in the SC then how could this be challenged. 

Advocate Azhar mentioned that these applications were not filed before Practice and Procedure Act instead application was filed against NAB Act before Practice and Procedure Act. 

He added that elections weren’t being conducted within 90 days therefore, an application was filed in the LHC. 

Advocate Azhar stated that the SC directed for proceeding of this case in the high court first when application was filed in the SC.

The court inquired from state counsel that this case could be filed in any court according to law.

Justice Raheel said that the second part of application was about provision of seats to PTI and PTI would be given priority in this. 

“If the Amendment Act becomes unconstitutional then the SC verdict will be implemented,” the court remarked. “If the federal government and ECP couldn’t submit a response within 15 days then their right of defense will be eliminated.”

The court summoned the federal government and ECP on Sept 27.