IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE AMIR HANI MUSLIM  
 
CIVIL PETITION NO. 2408-L OF 2009 
(On appeal from the order dated 27.10.2009 passed 
by the Lahore High Court, Lahore in ICA No. 
884/2009) 
 
Wukala Mahaz Barai Tahafaz Dastoor  
… Petitioner 
VERSUS 
Federation of Pakistan and another 
… Respondents 
 
For the Petitioner: 
Mr. Sarfraz Ahmed Gorsi, in person 
 
For the Respondents: 
N.R.  
 
Date of Hearing:  
04.09.2013 
 
ORDER 
 
 
 
TASSADUQ HUSSAIN JILLANI, J.- Leave is sought 
against the order dated 27.10.2009 vide which petitioner’s Intra 
Court Appeal against the order of the learned Single Judge in 
Chamber was dismissed and the order of the learned Single Judge 
in chamber was upheld. Vide the latter order the learned High 
Court had dismissed petitioner’s Constitution petition, wherein 
following prayers were made:- 
“(iii) 
Respondent Federation be directed to command the 
Armed Forces of Pakistan to defend Pakistan against 
the external aggression currently carried out by the 
American Forces under NATO cover which are in 
occupation of Afghanistan. 
 
(iv) 
An authoritative declaration be made that USA is an 
Enemy State and for taking all measures provided by 
the domestic law such as expulsion of its diplomatic 
personnel and seizure of assets.  
 
CP 2408-L/2009 
2
(v) 
If Nuclear Arsenal is found to be incapable of 
protecting Pakistan and instead poses a threat to its 
survival, respondent Federation may be directed 
either to sell it in international market to the highest 
bidder or to place it in safe-custody of Iran.”  
 
2. 
 
A bare reading of the afore-quoted prayers would 
indicate that the issues raised in the Constitution petition and the 
prayer made are relatable to matters of foreign policy, defence and 
security of the country. Such issues are neither justiceable nor 
they fall within the judicial domain for interference under Article 
199 of the Constitution of Islamic Republic of Pakistan. Any such 
interference by the courts would be violative of one of the 
foundational principles of the Constitution, which envisages a 
trichotomy of powers between the Legislature, Executive and 
Judiciary. That being so, we do not find the concurrent orders of 
the 
learned 
High 
Court 
to 
be 
exceptionable, 
warranting 
interference. The petition lacking in merit is accordingly dismissed 
and leave refused.  
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
4th of September, 2013 
Approved For Reporting  
Khurram 
