"What is the political party?" Justice Ayesha asks Salman Akram Raja
"What is the political party?" Justice Ayesha asks Salman Akram Raja
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00:00As per your understanding, what is the political party?
00:03I mean, where do you draw the line of these requirements have to be fulfilled and they
00:07become a political party?
00:09So political party, I would go with the definition in the Election Act, section 2, subsection
00:1328.
00:14It is a party which stands enlisted with the Election Commission as a party.
00:19And the definition doesn't require it to have contested the election.
00:21So it has to be enlisted is one requirement?
00:24Yes.
00:25What else?
00:26A political party means an association of citizens or a combination or group of such
00:30associations formed with a view to propagating or influencing.
00:33This is done, right?
00:34You said one requirement, enlistment.
00:35Is there any other requirement?
00:36Nothing.
00:37It does not have to have contested the last election.
00:40See, there is so much difference in this, that no doubt you are a political party, enlisted
00:45political party.
00:46The question is whether every party which is registered has a right to get share in
00:52the reserve seat.
00:53If independents join it.
00:54Yes.
00:56There is no bar in this provision.
00:58And in fact, the proviso normally is an exception.
01:01It normally creates an exception, but there is case law and I'm presenting that.
01:06Kindly see, I've placed a paper book.
01:08You have just read the definition of political party.
01:11Your case is now in contrast to...
01:15Section 104, political party contesting the election, they will be entitled for the reserve
01:20seat.
01:21I will come to 104 separately.
01:22Let me come to 104.
01:24Keep in mind that your submission is contradicting because Mr. Faisal Siddiqui, if I've understood
01:30him correctly, has argued that the proviso is a true proviso.
01:35Both arguments can be taken into account.
01:39There is now a variance.
01:40This is a question of law.
01:41I'll submit you can look at it two ways.
01:43Kindly see in the paper book.
01:44I say it's a question of law.
01:45Therefore, I'm putting it to you.
01:47You are now arguing in a different vein.
01:51Sometimes arguments are made in the alternative.
01:53I mean, your Lordships can choose which argument to accept.
01:55My argument is in the alternative to Mr. Faisal Siddiqui?
01:58It can be, my Lord.
01:59As an officer of the court...
02:00Is it in the alternative to you yourself?
02:02As an officer of the court, I can present different arguments and your Lordships can
02:06see which argument is ultimately weightier.
02:10Please move forward.
02:11Yes, I'm moving forward.
02:12I have written one sentence for you so far.
02:14Yes, yes.
02:15This is an important sentence.
02:16This is the heart of the matter.
02:17Now, kindly see, in this paper book, I present a judgment.
02:21It's very important.
02:22On the question of proviso.
02:23Tell us your proposition.
02:24My proposition is that the effect of the proviso is to extinguish the difference between seats
02:32won at the time of the general election, direct seats won at the time of the general election,
02:38and seats won subsequently on account of independents joining a political party.
02:46So my submission is that Article 51.6.D and E is providing a route to election to the
02:54National Assembly.
02:55Why did the Constitution go through the trouble and bother of putting it in a proviso?
03:02If your interpretation is correct, in very simple language, the entire thing could have
03:09been put in one paragraph.
03:12That's a stylistic thing and that is why I placed it like this.
03:16It's not stylistic.
03:17It's not stylistic because as I asked Mr. Faisal Siddiqui, the proviso applies and I
03:23think again, you are also, with all due respect, not focusing on the opening words of the proviso
03:28or the purposes of this paragraph.
03:30Yes, yes, yes, yes.
03:32An independent, a true independent can join a political party at any time through the
03:37life of that particular assembly.
03:39Yes.
03:41But that won't count insofar as the proportional representation is concerned.
03:46This paragraph, this is the reason why, this paragraph is in fact dealing with the proportional
03:52representation question and the seats to be won by each party on the basis of proportional
03:56representation.
03:57It is not dealing with subsequent events of an independent, therefore it is restricting
04:03the independence firstly for the purposes of this proviso and then within a time limit
04:09of three days.
04:11Which seems to me, and I'm putting this question to you, to indicate that it is a true proviso
04:17and not a substantive provision.
04:18Now, let me come to page 63 of this paper book.
04:21I start at page 60 and then I'll come to our own case law where this particular judgment
04:26has been noted with approval.
04:27But Mr. Raja, you have to take a specific position whether PTI candidates, 86 of them
04:36that contested elections as independents, contested the elections as candidates of
04:44a political party, PTI.
04:45Now, that stance, you cannot change that stance.
04:50There is the legal position and there is our position.
04:53The legal position is that the election commission treated us as independents, gave us symbols
04:57out of the symbols allocated to independents.
05:01As my Lord, Justice Mansoor Ali Shah, correctly stated, that it is such a great public importance
05:08issue that your petition was probably more important.
05:12That could not have been returned.
05:13Could not have been returned.
05:14Now, if you are abandoning that.
05:17I'm not abandoning that.
05:18I'm saying that the issue is before your Lordships.
05:21If we do not take notice of this matter under Article 184.3 of the Constitution, the people,
05:29their rights will be affected.
05:31I bow.
05:32I bow and I say.
05:33So, you have to take a very clear stance.
05:35My Lord, I don't know what will find favour with your Lordships.
05:38So, I'm making two submissions, two alternative submissions.
05:59The first one is that we went to the High Court, we went to the election, we went to
06:15the Supreme Court.
06:16By then, elections had happened and the situation had changed very drastically.
06:17We agitated and returned.
06:18We agitated, we did.
06:19We came to the Supreme Court.
06:20When we returned, the election took place.
06:21We then got involved in our election disputes.
06:22You did not file a Chamber Appeal.
06:23You did not file a Petition.
06:24You did not file a Chamber Appeal.
06:25You did everything else.
06:26You were alone.
06:27You have to ask yourself that this is such an important point.
06:28Where was the party on that?
06:29Yes.
06:30Where was the party?
06:31I was doing my best.
06:32No, you have to answer.
06:33Yes, yes.
06:34They were relying on me.
06:35I suppose they thought I have raised this issue.
06:36And then when elections had happened and what happened to us, we were immediately involved
06:40before the Election Commission with our applications for recount and for re-examination and so
06:44on.
06:45The whole scenario changed after the 8th.
06:46Now, kindly let us speak.
06:47You don't understand that if your petition had been filed today, the situation would
06:51have been altogether different.
06:52Sir, you filed it.
06:53It is in your hands.
06:54How did you file it?
06:55We are not requesting it even today.
06:56Then, then, then.
06:57Then I would submit.
06:58Then, as my Lord is pointing out, Justice Atal Minilla, this is in your Lordship's
07:02favour.
07:03Please argue your case.
07:04Yes, Your Honour.