IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)
PRESENT:
MR. JUSTICE IJAZ UL AHSAN
MR. JUSTICE MUNIB AKHTAR
MR. JUSTICE YAHYA AFRIDI
MR. JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI
MRS. JUSTICE AYESHA A. MALIK
Constitution Petition Nos.24, 25, 26, 27 & 28 and
30 & 35 of 2023
UNDER ARTICLE 184(3) OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF
PAKISTAN, 1973
And
CM Appeal Nos.80, 108, 117, 124, 130, 131 & 145
of 2023
And
CMA Nos.9040 to 9048 of 23
Jawwad S.Khawaja v. Federation of In Const.P.24/2023
Pakistan, etc
Aitzaz Ahsan v. Federation of Pakistan In Const.P.25/2023
thr. Secretary, M/O. Law and Justice and
others
Karamat Ali and others v. Federation of In Const.P.26/2023
Pakistan through the Secretary, Ministry
of Law and Justice, Islamabad and others
Zaman Khan Vardag v. The Federation of In Const.P.27/2023
Pakistan, etc
Junaid Razzaq v. Federation of Pakistan In Const.P.28/2023
through, Secretary, Ministry of Law and
Justice and others
Supreme Court Bar Association of In Const.P.30/2023
Pakistan, through its Secretary,
Islamabad v. Federation of Pakistan
through Secretary Ministry of Law and
Justice and others
Supreme Court Bar Association of In Const.P.35/2023
Pakistan, through its Secretary,
Islamabad and others v. Federation of
Pakistan through Secretary, Ministry of
Law and Justice Islamabad and others
Imran Ahmed Khan Niazi v. Federation of In C.M.Appeal.80/2023
IN Const.P.NIL/2023
Pakistan through Ministry of Defence
through its Secretary and others
Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023
2
Karamat Ali and others v. Federation of In C.M.Appeal.108/2023
IN C.M.A.NIL/2023
Pakistan through the Secretary, Ministry IN Const.P.26/2023
of Law and Justice, Islamabad and other
Hafeezullah Khan Niazi v. Federation of In C.M.Appeal.117/2023
IN Const.P.NIL/2023
Pakistan through Secretary Ministry of
Law and Justice and others
Lt. Col. (R) Inam-ul-Rahiem v. Registrar, In C.M.Appeal.124/2023
IN Const.P.NIL/2023
Supreme Court of Pakistan, Islamabad
Naeemuddin Qureshi and another v. In C.M.Appeal.130/2023
IN Const.P.NIL/2023
Federation of Pakistan through Secretary
Ministry of Law and Justice and others
Imran Ahmed Khan Niazi v. Federation of In C.M.Appeal.131/2023
IN C.M.A.NIL/2023
Pakistan through Ministry of Defence IN C.M.Appeal.80/2023
through its Secretary and others IN Const.P.NIL/2023
For Petitioners/Appellant(s) : Ch. Aitzaz Ahsan, Sr. ASC
Khawaja Ahmad Hussain, ASC
Sardar Muhammad Latif Khan Khosa,
Sr. ASC
Sardar Shahbaz Ali Khosa, ASC
Mr. Muhammad Vawda, ASC
Zaman Khan Vardag (In person)
(Via video link, Lahore)
Mr. Salman Akram Raja, ASC
Syed Rifaqat Hussain Shah, AOR
Ms. Bushra Qamar, ASC
Mr. Muqtedir Akhtar Shabbir,
(Members, Supreme Court Bar Association)
Mr. Muhammad Shoaib Shaheen, ASC
Mr. Ajmal Ghaffar Toor, ASC
Mr. M. Abid Hussain Saqi, ASC
Ch. Akhtar Ali, AOR
Mr. Salahuddin Ahmad, ASC
(Via video link, Karachi)
Mr. Ajmal Ghaffar Toor, ASC
Hafiz Abdur Rehman Ansari (In person)
(Via video link, Lahore)
Mr. Sajid Ilyas Bhatti, ASC
Mr. Talat Mehmood Zaidi, ASC
For the Federation : Mr. Mansoor Usman Awan,
Attorney General for Pakistan
Ch. Aamer Rehman,
Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023
3
Addl. Attorney General
Assisted by Ibrahim Khan,
Associate
For Govt. of Punjab : Mr. Sana Ullah Zahid, Addl. AG, Pb.
For Govt. of KP : Mr. Amir Javed, Advocate General, KP
(Via video link, Peshawar)
Mr. Sultan Mazhar Sher Khan,
Addl. AG, KP
For Govt. of Balochistan : Mr. Muhammad Ayaz Khan Swati,
Addl. AG, Balochistan
For Respondent No.9 in CP#25/23: Mr. Uzair Karamat Bhandari, ASC
(Via video link, Lahore)
For Respondent No.10 in CP#25/2023: Mr. Shah Khawar, ASC
For Defence Minister : Mr. Irfan Qadir, ASC
(Via video link, Lahore)
Date of Hearing : 23.10.2023
ORDER
CMA Nos.9040 to 9048 of 2023. These
applications have been moved on behalf of various individuals
for impleadment in the listed petitions. They are not
supported by appropriate affidavits as per requirement of the
Supreme Court Rules, 1980. The same are accordingly
dismissed.
2. CM Appeal Nos.80, 108, 117, 124, 130, 131 &
145 of 2023. It appears that the office had raised objections
regarding the maintainability of petitions filed by the
Appellants. In terms of the Supreme Court Rules, 1980 such
appeals are to be assigned to Honourable Judges of this
Court in Chambers for appropriate orders. Office has wrongly
fixed these CM Appeals directly before the Court. The same
Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023
4
are accordingly returned to the office to do the needful in
terms of the applicable Rules.
3. Constitution Petitions No.24 to 28, 30 & 35 of
2023. The learned Attorney General for Pakistan has been
heard at considerable length. He has concluded his
submissions. We have inquired from Mr. Shah Khawar,
learned ASC, if he wishes to make any submissions. He
submits that the Respondent that he was representing had
been impleaded in his personal capacity and is no longer the
Federal Interior Minister. As such, he does not wish to make
any submissions.
4. The same stance has been taken by Mr. Irfan
Qadir, learned ASC, who appeared for the then Defence
Minister who had also been impleaded in his personal
capacity.
5. Since the arguments have been heard, the hearing
of these matters is concluded. The listed petitions are decided
in terms of a short order to be announced today.
Judge
Judge
Judge
Judge
Judge
ISLAMABAD, THE
23rd October, 2023
NOT APPROVED FOR REPORTING
Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023
5
ORDER OF THE COURT
For detailed reasons to be recorded later, and
subject to such amplification and/or explanation therein as is
considered appropriate, these petitions are decided in the
following terms:
i. It is hereby declared by Mr. Justice Ijaz ul
Ahsan, Mr. Justice Munib Akhtar, Mr.
Justice Sayyed Mazahar Ali Akbar Naqvi and
Mrs. Justice Ayesha A. Malik that clause (d)
of subsection (1) of Section 2 of the Pakistan
Army Act, 1952 (in both of its sub clauses (i)
& (ii)) and subsection (4) of Section 59 of the
said Act are ultra vires the Constitution and
of no legal effect.
ii. Without prejudice to the generality of the
foregoing the trials of civilians and accused
persons, being around 103 persons who
were identified in the list provided to the
Court by the learned Attorney General for
Pakistan by way of CMA No.5327 of 2023 in
Constitution Petition No.24 of 2023 and all
other persons who are now or may at any
time be similarly placed in relation to the
events arising from and out of 9th and 10th
May, 2023 shall be tried by Criminal Courts
of competent jurisdiction established under
the ordinary and / or special law of the land
in relation to such offences of which they
may stand accused.
iii. It is further declared that any action or
proceedings under the Army Act in respect of
the aforesaid persons or any other persons
so similarly placed (including but not limited
Constitution Petition Nos.24, 25, 26, 27 & 28 and 30 & 35 of 2023
6
to trial by Court Martial) are and would be of
no legal effect.
iv. Mr. Justice Yahya Afridi reserves judgment
as to para (i) above, but joins the other
members of the Bench as regards paras (ii)
and (iii).
Judge
Judge
Judge
Judge
Judge
ISLAMABAD, THE
23rd October, 2023
NOT APPROVED FOR REPORTING
