Supreme Court Justice Issues Strong Dissent
Supreme Court Justice Yahya Afridi has issued his dissenting note. The note relates to the critical reserved seats case. The detailed document spans a massive 26 pages. This lengthy note lays out his opposing legal view clearly. Justice Afridi’s stance differs sharply from the majority judgment. His opinion centers on constitutional and legal requirements directly.
Rejecting the Sunni Ittehad Council Claim
Justice Afridi explicitly rejected the Sunni Ittehad Council (SIC). He stated that the SIC does not qualify for the reserved seats. They failed to meet the necessary constitutional requirements. Therefore, he argued their applications should be rejected entirely. This key finding is central to the note. This strong Justice Yahya Afridi Dissent Reserved Seats shakes the current ruling.
PTI is the Eligible Political Party
The dissenting note argues in favor of Pakistan Tehreek-e-Insaf (PTI). Justice Afridi stated that PTI is a legitimate political party. As such, he found PTI eligible for the allocated reserved seats. He demanded the Election Commission of Pakistan (ECP) take action. The ECP must re-examine the original notification of specific seats. He stressed the need for fairness in representation immediately.
Directing the Election Commission
Justice Afridi issued a clear directive to the ECP. He demanded the commission hear all parties involved. The ECP must then issue a final decision within seven days. This requirement mandates a speedy judicial process. His intervention aims to resolve the controversial political issue quickly. The ECP must re-evaluate the constitutional facts carefully.
Procedural Issues and Judicial Critique
Justice Afridi did not shy away from internal critique. He stated that the judgment written by Justice Amin and Justice Naeem lacked substance. He criticized the legal reasoning used by his judicial peers strongly. He also noted procedural lapses regarding PTI’s involvement. PTI did not file a formal application until June 26. This was despite the case beginning on June 3. Barrister Gauhar simply requested court assistance in the ongoing matter. PTI never sought a declaration in its favor formally. The Justice Yahya Afridi Dissent Reserved Seats serves as a powerful record of objection.