Constitutional Petition No. 26 of 2023 [‘Karamat Ali and others v. Federation of Pakistan through the Secretary, Ministry of Law and Justice, Islamabad and other’]
The Constitutional Petition was a public interest petition filed before the Honourable Supreme Court of Pakistan by public-spirited individuals engaged in civil society activism. The subject matter of the Petition, included, inter alia, the trial of civilians, including political leaders and workers, under the Pakistan Army Act, 1952, in an unprecedented manner, which was a matter of grave public importance as such Court-Martial/Military trials of civilians was a violation of fundamental rights guaranteed under, inter alia, Articles 10-A, 14, and 25, Constitution, 1973 and thus, the subject matter of Petition was a matter of public importance. In pursuit of the aforementioned objectives, the Petitioners sought, inter alia, the following reliefs from the Supreme Court of Pakistan. Firstly, declare that the trials of civilian accused persons under the Pakistan Army Act, 1952, Read with, the Official Secrets Act, 1923, in relation to allege offenses recorded in FIR No. 96 of 2023 (P.S Sarwar Road, Lahore) and other like FIRs (all arising out of the alleged criminal acts committed on 9th and 10th May, 2023), are violative of, inter alia, Section 2(d)(ii) and 59(4), Pakistan Army Act, 1952, Read with, Sections 3, 3A, 7, and 9, Official Secrets Act, 1923, and Article 10-A, 25, and 175, Constitution, 1973 and consequently, all such proposed and actual Court-Martial/Military trials and all actions taken in pursuant to it, are void ab initio and of no legal effect. Furthermore, transfer all such aforementioned trials of civilian accused persons to appropriate criminal courts of general and special jurisdiction for trials in accordance with the law. Secondly, declare that the Notifications to call the armed forces to act in aid of civil power or their deployment in various provinces, without specifying justifiable reasons, geographical qualifications, and time boundness, are in violation of Article 245, Constitution, 1973, as well as, Section 4, Anti-Terrorism Act, 1997, and consequently, the continuity of such Notifications, are void ab initio and of no legal effect. Thirdly, declare and permanently restrain Respondents No.1 to 3 from deploying intelligence agencies of the State in the arrest of political leaders and workers, as well as deploying such intelligence personnel within any court premises in Pakistan except with the permission of the Supreme Court of Pakistan.
As a result of the said and other connected Petitions, the Honourable Supreme Court through a short order dated 23.10.2023, declared the following:
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 Pakistan Army Act, 1952 are ultra vires the Constitution and of no legal effect.
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.
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 to trial by Court Martial) are and would be of no legal effect.
The following documents are available for viewing online:
Memo of Constitutional Petition 26 of 2023
Supreme Court Short Order dated 23.10.2023