RAWALPINDI (Dunya News) – Justice Amin-Ud-Din Khan and Justice Naeem Akhtar Afghan on Saturday observed in their dissenting note regarding the reserved case that the PTI could not be given any relief as it was not a party to the case.
Both the judges had disagreed with the majority verdict and wrote a 29-page dissenting note. Four letters written by the Sunni Ittehad Council to the Election Commission were also included in the dissenting note.
The judges observed that the Election Commission recognised independent candidates according to rules in the national and the three provincial assemblies.
They remarked that Articles 175 and 185 would have to be bypassed and Articles 51, 63 and 106 of the Constitution would have to be suspended to give relief to the PTI.
Justices Khan and Afghan observed that no one raised objection during proceedings in any court that the [independent] members did not join the SIC and that the PTI was not a party to the dispute in the ECP or Election Commission or High Court.
They observed that most of the time in eight hearings of the 13-member full court was spent on the questions by the judges. None of the lawyers agreed to give reserved seats to the PTI.
Even Advocate Salman Akram Raja disagreed on the question to give reserved seats to the PTI.
In the dissenting note, they remarked that due to the delay in the pronouncing of detailed decision, they are giving "our finding only on the short order."