IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)
Const. Petition No. /2023

Malik Babar Hameed

VERSUS

Federation of Pakistan & others

Court appealed from: N.A.

Counsel for the Petitioner : M/s. M. Shahid Kamal Khan ASC

Ghulam Mehboob Khokhar ASC
Ch. Amjad Ali ASC
Ahmed Nawaz Chaudhary AOR

Counsel for the Respondents : ...................................................................

INDEX

Sl.# DESCRIPTION OF DOCUMENTS DATED PAGES

1. Constitution Petition 24.08.2023
2. Press Release / Minutes of 50th Meeting of CCI 05.08.2023
3. Letter/Office Order by ECP
4. Affidavit of Fact, 24.08.2023
5. Affidavit of Service 24.08.2023
Certified that the Paper Book as bound is complete and correct

Syed Rifaqat Hussain Shah

Advocate-on-Record
Supreme Court of Pakistan
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Const. Petition No. /2023

Malik Babar Hameed Advocate High Court, Member Islamabad Bar Association,
Islamabad
....Petitioner

VERSUS

1. Federation of Pakistan through Secretary Establishment Division,

Islamabad
2. Federation of Pakistan through Secretary Ministry of Law & Justice,
Islamabad.
3. Federation of Pakistan through Secretary Ministry of Parliamentary Affairs
, Islamabad
4. Council of Common Interest, Islamabad. Through its Secretary.
5. Election Commission of Pakistan, Islamabad through its Secretary.
6. Province of Punjab Lahore, through its Chief Secretary.
7. Province of Sindh Karachi, through its Chief Secretary.
8. Province of KPK Peshawar, through its Chief Secretary.
9. Province of Balochistan Quetta, through its Chief Secretary.

.....Respondents

CONSTITUTION PETITION UNDER ARTICLE 184(3) OF THE

CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN,
1973.

Respectfully Sheweth;

The following substantial questions of law of public importance arise for

determination by this Hon’ble Court in this petition:

QUESTION OF LAW

a) Whether the Council of Common Interest (CCI) was justified to convene its
50th meeting on 05-08-2023?

b) Whether the care taker Chief Ministers of the Punjab and KPK Provinces
were constitutionally justified to participate in the meeting convened by
Council of Common Interest (CCI)?
c) Whether a meeting of CCI can be convened when the appellate forum is un-
available or is likely to be un-available?

d) Whether the care taker setup of a Province can go beyond 90 days?

e) Whether the matter of extension of a care taker setup must not be referred
to this Court in the unavoidable circumstances, if any?

f) Whether the care taker setup of a Province has constitutional mandate to

dilate upon issues like census?

g) Whether the care taker setup can be made of the persons with known
political party affiliation?

h) Whether a care taker Chief Minister accused of making partisan cabinet can
be allowed to change his cabinet and continue for indefinite period?

i) Whether statutory provision can take precedence over a constitutional

provision?

j) Whether the Parliament can take the power of the President granted by the
constitution through statutory amendment and not the constitutional
amendment?

k) Whether the President of Pakistan is not bound to give date of General

Elections immediately after dissolution of National Assembly?

l) Whether the census can be approved when the National Assembly is going
to be dissolved?

m) Whether after new census increase in the seats of National Assembly as

well as Provincial Assemblies is not mandatory as per the population of the
country?

n) Whether the Election Commission of Pakistan is justified to issue its

schedule for delimitation and to postpone the General Elections for
indefinite period?

II. The above questions of law arose in the following facts and circumstances
of the case:-
 FACTS

1. That the petitioner being a practicing member of Islamabad Bar

Association, Islamabad since more than three decades and a student of law
is staunch supporter of Rule of Law as well as supremacy of the
Constitution.

2. That the petitioner is very much disturbed because of the prevalent

economic situation of the Country which is directly related to the poor
performance of the executive branch of the country.

3. That the governance of the country cannot be termed as good governance at

the moment because a dangerous trend to bulldoze the law and the legal
process has become the fashion of the country.

4. The ignominious steps to thwart the Constitution of Islamic Republic of

Pakistan, 1973 are being taken up by the respondents without any
hesitation.

5. That the provincial assemblies of Punjab and KPK were dissolved in

January, 2023. Under the scheme of the Constitution it was imperative to
hold elections of these assemblies within 90 days. In this regard it is
pertinent to mention that the Orders passed by this Court for holding of
elections within 90 days are yet to be implemented even after lapse of more
than 200 days.

6. That while dilly dallying the holding of elections for the provincial
assemblies mentioned above various excuses were put forward including
security situation, lack of funds and elections of the provincial assemblies
as well as national assembly simultaneously. Even at one point of time 8th
October, 2023 was announced as the date of the General Elections.

7. That even the advice for dissolution of National Assembly four days before
the date of expiry of the term of National Assembly though a constitutional
step but seems to be tainted with malafide just to delay the elections as
farther as may be possible.

8. That almost in the last week of July it was publically announced that the
National Assembly shall be dissolved under the advice of the then Prime
Minister on 08-08-2023 yet the 50th meeting of the Council of Common
Interests (CCI) was convened on 05-08-2023 at Islamabad although it was
in the knowledge of all the respondents that in the provinces of Punjab and
 KPK, caretaker setups are functioning that too beyond the constitutionally
mandated period of 90 days so, the representation of the masses of these
provinces in the meeting could not be termed as a regular or proper
representation as envisaged by the Constitution of Islamic Republic of
Pakistan, 1973.

9. That the 50th meeting of the CCI is also not mandated under the constitution
especially when the non-availability of the appellate forum of the CCI i.e.
Joint Sitting of the Senate as well as National Assembly is in the offing.

10. That the proceedings of the 50th meeting of the CCI are thus not warranted
under the constitution so are nullity in the eye of law.

11. That the Election Commission of Pakistan (ECP) without keeping in view
the Constitution of Islamic Republic of Pakistan, 1973 issued delimitation
program while relying upon the outcome of the 50th meeting of the CCI and
thus violated the Constitution of Islamic Republic of Pakistan, 1973 in as
much it warrants the elections within the period of 90 days from dissolution
of the National Assembly. More so when the seats of the National
Assembly as well as provincial assemblies could not be altered in the
absence of National Assembly of Pakistan.

12. That the above mentioned acts of the respondents are leading the country
towards the constitutional crises amassed with political as well as economic
crises which can cause irreparable loss to the country, nation and
individuals like the petitioner.

13. That the petitioner feels his onerous duty to knock the door of this Court as
an attempt to rectify the current situation of the Country where currency is
depreciating day by day and the masses have failed to make both ends meet.

14. That the petitioner requests this Court to look into the above mentioned
circumstances and to answer the above mentioned constitutional/legal
questions in order to save the country as well as the nation from any further
complications.

PRAYER

In view of the above facts and circumstances, it is respectfully

prayed that while allowing the instant Constitution Petition, declaration to
the effect:
 i) That the 50th meeting of the Council of Common Interest (CCI)
convened on 05-08-2023 may kindly be declared as illegal,
unlawful and without jurisdiction because of non-availability of
proper Constitutional representation of the more than 67 percent
population of the country.

ii) That the approval of digital census as well as delimitation of

constituencies is left upon the decision of the Government to be
formed as a result of fresh general elections within 90 days of
dissolution of National Assembly of Pakistan.

iii) That the election commission of Pakistan is directed to hold

General Elections in a free, fair and transparent manner for the
dissolved National Assembly as well as provincial assemblies
within 90 days from 08-08-2023.

iv) That all Government Functionaries are directed to facilitate the

Election Commission of Pakistan in holding free, fair and
transparent General Elections for the dissolved assemblies
within the period of 90 days from 08-08-2023.

v) That the caretaker setups of the provinces of Punjab and KPK are
working without any mandate of the Constitution of Islamic
Republic of Pakistan, 1973 hence all actions carried out by them
beyond 90 days of their taking charge of dissolution of the
respective provincial assemblies are declared to be without
lawful authority.

Any other relief which this Hon'ble Court deems fit under the
circumstances, may also graciously be allowed to the petitioner.

Drawn By: Filed By:

M. Shahid Kamal Khan Syed Rifaqat Hussain Shah

Ghulam Mehboob Khokhar Advocate-on-Record
Ch. Amjad Ali Supreme Court of Pakistan
Advocates
Supreme Court of Pakistan

CERTIFICATE:
It is certified that, this is first Constitution petition which is being filed on the
subject matter by the petitioner.

Advocate-on-Record
Dated: 24- 08-2023
 “POWER-OF-ATTORNEY”
To
Advocate-On-Record
IN THE SUPREME COURT OF PAKISTAN
(Appellate/Original Jurisdiction)

Const. Petition No.______/2023

Malik Babar Hameed

[
VERSUS

Federation of Pakistan & others

I, Malik Babar Hameed Advocate High Court, Member Islamabad Bar

Association, Islamabad, do hereby appoint and constitute
Ahmed Nawaz Chaudhary, Advocate-on-Record, Supreme Court of
Pakistan, for the aforesaid petitioner to plead the titled petition ,
commence and prosecute to appear, petition or appeal on my behalf
and all proceedings that may be taken in respect of any application
connected with the same including proceedings in taxation and
applications for review, to draw and deposit money, to file and take
back documents, to accept the process of the Court, to appoint
instruct Counsel, to represent the aforesaid petitioner appellant or
plaintiff or respondent or defendant the above for aforesaid petitioner
appellant or plaintiff or defendant the aforesaid petitioner appellant or
plaintiff or respondent or defendant agree(s) to ratify all acts done by
the aforesaid Advocate (on Record) in pursuance of the authority.
In witness whereof I, do hereunto set my hand on this the 24th day of
August, 2023.

Accepted

Signature
Advocate-on-Record
Supreme Court of Pakistan
Islamabad.
M/s. M. Shahid Kamal Khan, ASC 0321-5251900,
Ghulam Mehboob Khokhar ASC, 0333-5101165 &
Ch. Amjad Ali ASC 0300-7183755 shall appear on behalf of
Petitioner.

Advocate on Record
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Const. Petition No. /2023

Malik Babar Hameed Advocate High Court, Member Islamabad Bar Association,
Islamabad
....Petitioner

VERSUS

Federation of Pakistan through Secretary Establishment Division, Islamabad &

others

.....Respondents

To,

1. Federation of Pakistan through Secretary Establishment Division,

Islamabad
2. Federation of Pakistan through Secretary Ministry of Law & Justice,
Islamabad
3. Council of Common Interest, Islamabad. Through its Secretary.
4. Election Commission of Pakistan, Islamabad through its Secretary.
5. Province of Punjab Lahore, through its Chief Secretary.
6. Province of Sindh Karachi, through its Chief Secretary.
7. Province of KPK Peshawar, through its Chief Secretary.
8. Province of Balochistan Quetta, through its Chief Secretary.

NOTICE

Take Notice that today I have filed a Constitution Petition under Article

184(3) of the Constitution of Pakistan, 1973 before the Supreme Court of Pakistan.

Ahmed Nawaz Chaudhary

Advocate-on-Record
Supreme Court of Pakistan
Dated:- 24-08- 2023
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Const. Petition No. /2023

Malik Babar Hameed Advocate High Court, Member Islamabad Bar Association,
Islamabad
....Petitioner

VERSUS

Federation of Pakistan through Secretary Establishment Division, Islamabad & others

.....Respondents

APPLICATION UNDER ORDER XXXIII RULE 6 OF THE SUPREME

COURT RULES 1980 FOR INTERIM RELIEF DURING THE PENDENCY OF
THIS CONSTITUTION PETITION

Respectfully Sheweth,

1. That the captioned Constitution Petition is being filed by the petitioner before
this Hon’ble Court, contents of which may kindly be read as an integral part of
the instant application.

2. That the applicant has a good prima-facie case.

3. That the caretaker setups of the provinces of Punjab and KPK are carrying on
official business without any mandate of Constitution or the law.

4. That each and every day of the above mentioned caretaker setups is continuity
of illegal, unconstitutional regime which cannot be permitted under any stretch
of law or the imagination hence the same needs to be stopped forthwith.

5. That if the relief prayed for is not granted to the applicant, they will suffer
irreparable loss.

PRAYER
 In view of the above matter, it is most respectfully prayed that the above cited

CMA may kindly be accepted and the caretaker setups of Punjab and KPK may kindly

be stopped from exercising any Govt. function.

Drawn by: Filed by:

M.Shahid Kamal Khan Ahmed Nawaz Chaudhary

Advocate Supreme Court Advocate-on-Record
of Pakistan Supreme Court of Pakistan
Cell No. 0333-5101165
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Const. Petition No. /2023

Malik Babar Hameed Advocate High Court, Member Islamabad Bar Association,
Islamabad

VERSUS

Federation of Pakistan through Secretary Establishment Division, Islamabad & others

AFFIDAVIT OF FACTS

Ahmed Nawaz Chaudhary

Advocate on Record
Supreme Court of Pakistan
Islamabad.

I, the above named deponent take Oath and state as under:-

1. That the facts contained in accompanying Constitution Petition and

CMA are true and correct to the best of my knowledge and information.

2. That the said facts have been obtained from the perusal of the record as

well instruction from the petitioner.

Sworn at Islamabad on ____ day of August, 2023

Deponent
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Const. Petition No. /2023

Malik Babar Hameed Advocate High Court, Member Islamabad Bar Association,
Islamabad

VERSUS

Federation of Pakistan through Secretary Establishment Division, Islamabad & others

.
AFFIDAVIT OF SERVICE

Ahmed Nawaz Chaudhary

Advocate on Record
Supreme Court of Pakistan
Islamabad.

I, the above named deponent take Oath and state as under:-

That I did serve the above named respondents of my having filed Constitution

Petition along with CMA in the Hon’ble Supreme Court of Pakistan,

Islamabad.

Sworn at Islamabad on ____ day of August, 2023

Deponent