Senior puisne judge Justice Mansoor Ali Shah stated on Saturday that he was going to raise the issue of enforcing court rulings with the judges’ committee. He emphasized that no one is allowed to second-guess the decision of the top court.
“It is not their prerogative. It is only the Supreme Court’s prerogative,” he said while addressing a conference on ’overcoming the implementation challenges to court verdicts.
President gives his assent to Elections (Second Amendment) Bill
“It is the Supreme Court’s prerogative. The SC has made a decision and that has to be implemented. That is the system of this country. That is the Constitution of this country. If you want to make a new system, then go ahead, we will talk after that.”
The remarks come after President Asif Ali Zardari on Thursday gave assent to the controversial Elections (Second Amendment) Bill, 2024.
The ratification comes a day after the Pakistan Tehreek-e-Insaf (PTI) challenged the bill, which has retrospective amendments to the Elections Act 2017, in the Supreme Court.
The ruling allies and the Election Commission of Pakistan (ECP) have also moved the apex court against its July 12 verdict pertaining to the issue of assigning National Assembly reserved seats to the PTI — a matter that overlaps with the passing of the aforementioned bill.
The bill was passed by the National Assembly and then also approved by the Senate with a majority. Opposition members protested vehemently and raised slogans after the bill was passed by the house.
39 lawmakers in the NA, who had shown their affiliation with the PTI in their nomination papers, have also been declared by the ECP as PTI members.
The Act, which provisions retrospective effect and will apply from the commencement of the Elections Act 2017.
It says that if a candidate does not submit a declaration of his affiliation with a political party to the returning officer (RO) before seeking allotment of the election symbol, they shall be “deemed to be considered as an independent candidate and not a candidate of any political party”.
Whereas, the amendment to Section 104 says that if a political party fails to submit its list for reserved seats within the prescribed time period, it will not be eligible for reserved seats at any later stage.
Additionally, it also adds a new provision to the original legislation titled Section 104A which declares the consent or affidavit of an independent candidate regarding joining a political party “irrevocable” and prohibits its withdrawal and substitution.
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