Government’s reservations on Supreme Court’s interim decision on specific seats
Government The interim order of the Supreme Court regarding the specific seats of the Sunni Unity Council expressed reservations.
On Supreme Court’s interim order to give specific seats of Sunni Ittehad Council to other parties and annulment of Peshawar High Court’s decision, the Law Minister said that it is a matter of interpretation of the Constitution, a larger bench would have issued an order. .
He said that in the matter of Parliament’s power to legislate, the order of prohibition should have been avoided, the decision of the Peshawar High Court will be upheld in the final decision.
The Law Minister said that under the Supreme Court Practice and Procedures Act, it would have been appropriate for a 5-member larger bench to hear the matter and it would have been more appropriate if the larger bench had passed the interim order.
Azam Nazir Tarar further said that more caution is taken when the legislative authority of an elected member is affected, Article 67 is clear that the legislation made by the member remains in force despite legal disqualification.
Citing another reference, he said that according to Article 67, the legislative competence of the member is not questioned, it is hoped that the decision of Peshawar High Court will be upheld in the final decision.
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