SHUHADA FORUM, BALOCHISTAN through Patron in Chief, Nawabzada Jamal Raisani, Quetta Cantt. vs Justice (R) JAWW

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SHUHADA FORUM, BALOCHISTAN through Patron in Chief, Nawabzada Jamal Raisani, Quetta Cantt. VS Justice (R) JAWWAD S. KHAWAJA Ss. 2(1)(d)(i), (ii) & 59(4)---International Covenant on Civil and Political Rights (ICCPR), Art. 14(5)---Constitution of Pakistan, Art.8(5)---Supreme Court Practice and Procedure Act (XVII of 2023), S. 5---Intra Court Appeal---Court Martial of civilians, vires of---Matter pertained to occurrence of 09-05-2023, whereby followers of a political party ransacked/attacked military installations situated in cantonment areas in different cities of Pakistan---Supreme Court in exercise of jurisdiction under Article 184(3) of the Constitution declared the provisions of sections 2 (1) (d) (i), (ii) & 59(4) of Pakistan Army Act, 1952 ultra vires the Constitution and of no legal effect---Validity---Attack on Corps Commander House, Lahore rendered the command dysfunctional for at least 4 to 5 hours creating a highly dangerous situation---All fundamental rights enshrined and envisaged under the Constitution were subject to reasonable restrictions imposed by law---Peaceful assembly, association or public demonstration/protest within the bounds and precincts of reasonable restriction imposed by law is not prohibited as long as it is without violating or breaking the law or taking the law in one's hands---Constitutional Bench of Supreme Court restored the provisions of Pakistan Army Act, 1952, that were struck down by means of judgment passed by Supreme Court in original proceedings---Constitutional Bench of Supreme Court sensitized the need of legislative changes, which would also be compliant to the requirements laid down under International Covenant on Civil and Political Rights (ICCPR) for maintaining and preserving Constitutional and societal norms in existing legal framework---Constitutional Bench of Supreme Court referred the matter to Government/Parliament for considering and making necessary amendments/legislation in Pakistan Army Act, 1952 and allied Rules in order to provide an independent right of appeal in High Court against conviction awarded to persons by Court Martial/Military Courts under the provisions of sections 2(1) (d) (i), (ii) & 59 (4) of Pakistan Army Act, 1952---Intra Court Appeal was allowed. [Majority view]

SHUHADA FORUM, BALOCHISTAN through Patron in Chief, Nawabzada Jamal Raisani, Quetta Cantt. vs Justice (R) JAWWAD S — 2025 PLD 482 SUPREME-COURT

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