So far in the light of court orders Tehreek-e-Insaf could not be allotted reserved seats in proportion to the general seats in the general elections, while the Supreme Court has also issued a detailed decision in which it has been declared that the constitution or law does not allow to stop a political party from elections. It do not stop from pick up candidates.
Unfortunately in our country the implementation of judicial decisions is very slow that has also affected the reputation of the judicial system. According to the news published in the media, the detailed decision consists of 70 pages written by Justice Mansoor Ali Shah, in which it is written that Pakistan Tehreek-e-Insaf is a political party, Tehreek-e-Insaf has won the seats of national and provincial assemblies in the 2024 general elections. In the detailed decision, it is said that the decision of Peshawar High Court is null and void, not giving election symbol does not affect the legal and constitutional right of the political party to contest the election, the constitution or the law does not prevent the political party from fielding candidates in the elections.
The Election Commission is the guarantor of the democratic process in the country and the fourth pillar of the government, but the commission failed to fulfill its role in February 2024. The court gave a detailed decision that the Election Commission has appointed 39 out of 80 MNAs of the Tehreek-e-Insaaf. The court order the Election Commission to take the signed statement of the remaining 41 MNAs within 15 days, the Election Commission should notify the candidates of Tehreek-e-Insaaf on certain seats. In the decision, it was said that the decision of the Election Commission on March 1 has no legal status and the decision of the Election Commission on March 1 is against the constitution but the elections commission failed to fulfill his role.
On the other hand the Supreme Court has also ordered to give reserved seats for women and minorities to PTI. It empowers them to make their own democratic way.
In the decision of the majority judges, it was said that it is with a heavy heart that two colleagues Justice Amin uddin, Justice Naeem Afghan did not agree with our decision, while Justice Amin has said that the dissenting notes of August 3 of the colleagues regarding Supreme Court judges. He said that our decision was not constitutional, that as bench members they could legitimately disagree with the facts and the law Fellow judges can also give different opinions and can also give comments on the opinions of others.
In view of the manner in which the Supreme Court has given its decision, there is no issue that giving a dissenting note or opinion in a judicial decision is not a new thing. There is no question but the majority has declared that now if Pakistan Tehreek-e-Insaaf is given its specific seats, it will be better for the country’s politics.
After the detailed decision the government should respect the court’s decision and solve the matter in a few days so that the country’s politics can move forward which is stagnant today. If the government don’t do that and prolong this issue then the weakness of democracy in the country will increase and the current government will also become weaker after some time because the confidence in the democratic institutions will decrease.
Just as it is the duty of the courts to provide justice to the political parties and the people, according to the constitution and law in the same way it is the responsibility of the government and the administration to implement the constitutional and legal orders in the country.
In the said decision once again the Supreme Court has made it clear to the Election Commission of Pakistan that the decision of the Peshawar Court is annulled in this regard, in which the right of Tehreek-e-Insaf to field a candidate has been taken away due to the lack of marks. The PTI, has been making demands for her reserved seats till now. It is hoped that the government will not obstruct this right of Tehreek-e-Insaaf for the better political future of the country, nor will tactics be used against it.
If for this purpose the ruling party Pakistan Muslim League (N) resorted to backdoor contacts to get something with its rival Tehreek-e-Insaaf, then there is nothing wrong in that because it also has to work with the opposition to run its government.