RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad S — 2025 PLD 869 SUPREME-COURT

Case information

Citation: 2025 PLD 869 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: PLD
Parties: RAJA AMER KHAN vs FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad S
Subject matter: Constitutional
Provisions referred to: S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RAJA AMER KHAN VS FEDERATION OF PAKISTAN through Secretary, Law and Justice Division, Ministry of Law and Justice, Islamabad S. 5(2) & Preamble---Constitution of Pakistan, Arts. 4, 8, 9, 10, 10A, 24, 25 & 184(3)---Supreme Court (Practice and Procedure) Act, 2023 ('the Act'), constitutionality of---Constitutional petitions before the Supreme Court challenging the constitutionality of the Act---By majority of 10 to 5, the Supreme Court (Practice and Procedure) Act, 2023 ('the Act') was upheld as being in accordance with the Constitution---However, His Lordship declared that the provisions of subsection (2) of section 5 of the Act providing the right of appeal to an aggrieved person against whom an order had been made under clause (3) of Article 184 of the Constitution, prior to the commencement of impugned Act were ultra vires under Article 8 of the Constitution as they offended Articles 9, 10, 10-A, 24 & 25 thereof and were arbitrary and unreasonable---Therefore, they shall be deemed non-est from the day of their promulgation---Detailed reasons stated.

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