Decision of joining any political party by independents is ‘irreversible’: Azam Nazeer Tarar

ISLAMABAD, Sep 23 (SABAH): Hours after the Supreme Court of Pakistan issued a detailed verdict of the reserved seats case wherein the Pakistan Tehreek-e-Insaf (PTI) was declared eligible for seats’ in assemblies, Minister for Law and Justice senator Azam Nazeer Tarar reiterated that decision of joining any political party by independents is “irreversible” saying that the Imran Khan-founded party was not even a petitioner in the case.

“Legal question still remains in place […] the detailed judgment didn’t interpret how the reserved seats will be allocated to the party as per the current regulations,” Azam Nazeer Tarar said while addressing a press conference on Monday. He was referring to the Elections (Second Amendment) Act, 2024 that was enacted to circumvent the SC ruling on the reserved seats as it barred independent candidates from joining any political party after the specific time.    

The law minister said Articles 51 and 106 of the Constitution warrant that independents will have to join a political party within three days of the publication in the official Gazette of the names of the returned candidates.

Tarar said parliament has amended the Sections 66 and 104 (a) of the Election Act, which is now the existing law in the country.

Referring to the PTI-backed returned candidates, the minister said the independents, who have already joined the Sunni Ittehad Council, cannot join any other party, adding that parliament is fully empowered to make or amend laws.

Tarar remarked the interpretation of Constitution should not be done in such a way that the “structure itself changes”.

Raising questions over the judgment, the law minister said PTI, which benefited from the detailed judgment, as a ‘political party’ didn’t seek the reserved seats. “It [PTI] neither move Election Commission, nor Peshawar High Court,” he added.

Giving details of the case, the minister said that the Election Commission’s move — denying the PTI-backed independent lawmakers reserved seats in the assemblies — was upheld by Peshawar High Court (PHC).

“It was never the case of MNAs [members of National Assembly] that they belong to PTI,” Tarar clarified, pointing out that they submitted their affidavits of allegiance to SIC.

“The case had only two points — whether SIC can get reserved seats or not?” However, he maintained, the matter will be settled as per the Constitution of Pakistan.