The Peshawar High Court has deferred its verdict on the Sunni Ittehad Council case following the conclusion of arguments.
A larger bench of the High Court deliberated over petitions filed by the Sunni Ittehad Council concerning reserved seats for women and minorities.
Barrister Ali Zafar highlighted that their candidates ran as independents in the elections and received separate recognition. He emphasized that an unprecedented number of independent candidates, 86 in the National Assembly, 90 in KP, 107 in Punjab, and 107 in Sindh, succeeded. In KP, the Sunni Ittehad Council contends for 26 seats in the Provincial Assembly and 8 in the National Assembly.
Justice Ishtiaq Ibrahim noted the emphasis on “occupation,” clarifying that the Election Commission had provided these seats.
Ali Zafar argued that contesting elections isn’t a prerequisite for being a political party. He asserted that the Sunni Ittehad Council, with its electoral symbol, is eligible for rights beyond electoral participation, as defined in Article 17 and upheld in the Chaudhry Pervez Elahi case.
Justice Syed Ashad Ali pointed out the difference between the Sunni Ittehad Council and PTI, highlighting the absence of a symbol for PTI. He questioned the Council’s decision to join despite knowing that neither party participated in the elections.
Justice Arshad Ali expressed concern over weakening PTI’s case due to the Sunni Ittehad Council’s inclusion. He suggested the Council could have conducted an intra-party election post the Supreme Court’s decision.
Barrister Zafar explained they conducted an intra-party election, yet the Election Commission hasn’t recognized it.
Justice Ishtiaq Ibrahim queried why specific seats weren’t allocated and why others couldn’t be considered.
Justice Ijaz Anwar emphasized that seats are granted to candidates, not to political parties joining independently.
Sikander Bashir Mohmand, representing the Election Commission, clarified that the BAP party isn’t involved. He noted similar petitions filed in the Sindh High Court regarding specific seats across assemblies.
Additional Advocate General Mubashir Manzoor argued that if independent candidates join the Sunni Ittehad Council, it becomes a parliamentary party, irrespective of its participation in the 2018 elections.
Following the completion of arguments by all lawyers, the court reserved its decision.