5366/2022 Const. P. Hamza Faheem (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

5366/2022 Const. P. Hamza Faheem (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon Order Date: 28-AUG-25

The Constitution petition is not maintainable against the service matters of Pakistan's Armed Forces due to the constitutional bar in Article 199(3) of the Constitution of Pakistan, which prevents High Courts from issuing orders regarding the terms and conditions of service or actions taken in relation to Armed Forces members. This constitutional provision aims to maintain discipline within the forces by restricting judicial interference in their internal affairs. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Ex. Lt. Col. Anwar Aziz (PA-7122) vs. Federation of Pakistan (PLD 2001 SC549). We, therefore, in the absence of the exceptions as enunciated in the case law cited above, cannot travel beyond and dilate upon the merits of the instant case and interfere with any Order passed under the hierarchy of Respondents, pursuant to their applicable laws. However, if the appeal of the petitioner is pending, the same shall be decided within three months after hearing the petitioner. 6. In the light of the foregoing, we are of the view that the case of petitioner squarely falls within the ambit of the ouster clause of Article 199(3) of the Constitution, therefore, there is a bar of jurisdiction of this Court from entertaining the instant Constitutional Petition, which is accordingly dismissed.