IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
    
PRESENT: 
 
 
Mr. Justice Umar Ata Bandial, CJ 
 
 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Syed Mansoor Ali Shah  
 
 
Mr. Justice Munib Akhtar  
Mr. Justice Yahya Afridi 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
 
 
Mrs. Justice Ayesha A. Malik 
 
CONSTITUTION PETITION NO.24 TO 26 OF 2023 
(Trials of Civilian under the Army Act, 1952 is violative of Constitution) 
 
AND  
C.M. APPEAL NO. 80 OF 2023 IN CONST. PETITION NIL OF 2023  
(Declaration of trial of civilians under the Army Act, 1952 as unconstitutional, void and 
of no legal effect.) 
 
 
Jawwad S. Khawaja 
(in Const.P.24/2023) 
 
 
 
Aitzaz Ahsan  
(in Const.P.25/2023) 
 
 
 
Karamat Ali and others  
(in Const.P.26/2023) 
 
 
 
Imran Ahmed Khan Niazi 
(in C.M. Appeal 80/2023) 
  … Petitioner(s) 
 
 
Versus 
 
Federation of Pakistan, etc.  
(in Const.P.24/2023) 
               
 
 
 
 
Federation of Pakistan through the 
Secretary, Ministry of Law and Justice, 
Islamabad and others  
(in Const.P.25-26/2023) 
 
 
 
Federation of Pakistan through Ministry 
of Defence through its Secretary and 
other  
(in C.M. Appeal 80/2023) 
 
 
 
…Respondent(s) 
 
 
CONST. P. 24 OF 2023 ETC. 
 
 
 
 
 
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For the petitioner(s)  : Kh. Ahmad Hosain, ASC 
(in Const.P.24/2023) 
 
Sardar Muhammad Latif Khan 
Khosa, Sr. ASC 
(in Const.P.25/2023) 
 
 
Mr. Faisal Siddiqi, ASC 
(in Const.P.26/2023) 
 
Mr. Shoaib Shaheen, ASC 
Mr. Ajmal Ghaffar, ASC 
Syed Rifaqat Hussain Shah, AOR 
(in C.M. Appeal 80/23) 
 
 
 
For the Federation  
: Mr. Mansoor Usman Awan, 
Attorney General for Pakistan 
Ch. Aamir Rehman, Addl. AGP 
 
 
 
Date of hearing  
: 22.06.2023. (1:30 pm)  
 
O R D E R 
 
 
We have heard the submissions made by Sardar Latif 
Khan Khosa, Sr. ASC, learned counsel for the petitioner in Const. 
P. No. 25 of 2023. To come up tomorrow for submissions by 
Mr.Faisal Siddiqui, ASC for the petitioner in Const. P. 26 of 2023 
followed by learned counsel for the petitioners in other petitions.  
2. 
 
Issue notice to all the respondents in the listed 
petitions. Notice shall also be issued to the learned Attorney 
General for Pakistan in terms of Order XXVIIA CPC on the 
constitutional questions raised in these petitions for our 
determination. 
3. 
 
Learned Attorney General for Pakistan who is present 
during the proceedings today has been asked to provide the 
following information to the Court: 
i) 
Total number of detenues in the civil and military 
custody on account of offences allegedly committed 
by them under any law in the incidents occurred 
on 9th May, 2023 or thereafter?  
CONST. P. 24 OF 2023 ETC. 
 
 
 
 
 
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ii) 
How many of such detenues are women and 
juveniles? 
iii) 
How many Advocates/Journalists are in civil and 
military custody? 
    
 
 
To come up tomorrow i.e. 23.06.2023 at 9:30 am 
 
         
 
  
 
 
 
 
Chief Justice 
 
 
Judge 
 
 
 
 
 
 
 
 
Judge  
 
Judge  
 
 
 
 
 
 
 
Judge  
 
 
 
 
Judge 
 
 
 
Judge 
 
 
 
 
 
Islamabad, 
22.06.2023. 
 
 
 
 
