IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)

Constitution Petition No. _______/2023

Ghulam Murtaza Khan S/o Zulfiqar Ahmed Khan. Office No. 4,

Wajid Gillani Block F-8 Markaz Islamabad
……………..Petitioner

VERSUS

1. The President of Pakistan, Mr. Arif Alvi

2. The Secretary to the President, The President Office,

Constitution Avenue, Sector G-5, Islamabad

3. Ministry of Law & Justice

………....Respondents

PETITION UNDER ARTICLE 184(3) OF THE

CONSTITUTION OF THE ISLAMIC REPUBLIC OF

PAKISTAN, 1973 FOR ENFORCEMENT OF

FUNDAMENTAL RIGHTS CONTAINED IN THE

CONSTITUTION FOR THE PROTECTION OF THE

CITIZENS OF PAKISTAN
Respectfully Sheweth,

1. That the present petition is being filed against the

controversial role of the present President of Pakistan Mr.

Arif Ali who is not acting in accordance with the

responsibilities of the seat but is biased. It is stated that

being Head of the State, he is under constitutional

obligation to work in accordance with law but he is

misusing the powers and violating the Constitution of

Islamic Republic of Pakistan continuously by his words &

conducts, therefore, he is not entitled to be on this very

prestigious position as Head a State (Pakistan) on the

following

GROUNDS

a) That the President of Pakistan represents the whole nation

of Pakistan throughout the world, therefore, he should

fulfill this responsibility patriotically, with loyalty and

 devotion. The President should not have been representing

one party (political) which is very evident that he is

representing and portraying one party i.e. Pakistan

Tehreek-e-Pakistan. The big example is Dissolution of the

Assembly in April 2022 upon the instructions of former

Prime Minister Mr. Imran Khan which action has ruined

the whole political scenario in the country as well as

damaged the image of Pakistan internationally, however,

the President should not do the same. His this conduct, has

been condemned by this Hon’ble Court also in its

observation.

b) That the President did not also give election date as

Constitutional role which is observed in the country.

c) That the President of Pakistan is the Head of State,

protector of the Constitution of the county as well as the

 rights of the citizens of Pakistan. Likewise, he is

responsible for the settlement of the peace within the

country and he plays pivotal role in this regard. It is

pertinent to mention here that when the President is

representing the whole nation/country, he cannot be

biased/subjective by giving favour to one particular

political party. It is pointed out that the President of

Pakistan has misused his powers by using his Office

(Office of the State) to support the Pakistan Tehreek-e-

Insaaf (PTI). The Office is being using for the

meetings/activities of PTI, which political party is wholly

in opposition with the present Government. This act of the

President is wholly unconstitutional and biased towards

the whole nation also.

d) That the role of the President of Pakistan is like a father

who protects all of his children equally. He represents the

 whole nation as Head of the State, therefore, his interest as

well as acts should be very clear towards the betterment,

development, welfare, prestige, peace & prosperity of the

country. Not signing the Official Secrets Amendment Bill

and Pakistan Army Amendment Bill 2023 is grave

misconduct by him which too shows his partial side.

(Annexure A)

e) That the present President at various occasions contradicts

from his position by giving controversial statements.

Recently he Tweet about Military Court and Official Secret

Act which has been confirmed his Secretary that the files

were with the President. (Annexure B) These kind of acts

have made the character of the President very distrustful

for whole the nation because he violated the provisions of

Article 5 and 12 of the Constitution. He further gave a

statement that Muslims and Christian can live together in

 the Israel-Palestine Conflict against the set Foreign Policy

of Pakistan. (Annexure C)

f) That the observation of superior Courts have passed

judgments about the time of President which is evident

that the President has failed to perform its constitutional

role. The judgments passed by this Hon’ble Court in the

year 2022 & 2023 are also attached herewith. (Annexure D

& E)

Hence, he has been evasive in performing his

constitutional obligations as he has violated the

Constitution and committed gross misconduct, therefore,

he is not eligible to continue his duties as a President and

needs to be declared that he is not to be continued as a

President.
PRAYER

It is, therefore, respectfully prayed that by

accepting the instant Constitution Petition, this

Honourable Court may issue directions to investigate the

matter and declare that the present President Mr. Arif Alvi,

should not continue as President of Islamic Republic of

Pakistan. This Apex Court has all the powers to issue such

directions/Orders as may be necessary for doing complete

justice in any case.

Drawn & Filed by

Ahmed Nawaz Chaudhry

Advocate on Record
Supreme Court of Pakistan
Islamabad

CERTIFICATE
Certified under instructions that earlier to this, no other Constitution
Petition on the above subject was filed by the present petitioner before
this Honourable Court.

Advocate on Record
Dated: 24.11.2023
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Constitution Petition No. _______/2023

Ghulam Murtaza Khan

……………..Petitioner
VERSUS

The President of Pakistan, Mr. Arif Alvi & others

………....Respondents

Counsel for the Petitioner: Mr. Ahmed Nawaz Chaudhry,

AOR
Counsel for Respondents:

INDEX

Sr. Description of Documents Date Pages

No.
1. Constitution Petition 25.11.2023 01-06
2. Statement of the President regarding
Not signing the Official Secrets
Amendment Bill and Pakistan Army
Amendment Bill 2023
3. Statement of the President regarding
over Israel-Palestine Conflict
4. Tweet about Military Court and
Official Secret Act
5. Judgments passed by this Hon’ble
Court
6. Affidavit of the Petitioner 25.11.2023
7. Affidavit of AOR 25.11.2023
Certified that paper book has been bound as complete and correct.

Ahmed Nawaz Chaudhry

Advocate on Record
Supreme Court of Pakistan
Islamabad
Dated: 25.11.2023