| Case ID |
f8d0b17b-c5db-42b9-be52-36caf6f8e400 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1551-P of 2012 |
| Decision Date |
May 09, 2013 |
| Hearing Date |
Apr 11, 2013 |
| Decision |
The Peshawar High Court ruled that drone strikes conducted by foreign intelligence agencies in Pakistani territory are illegal and constitute a violation of Pakistan's sovereignty and human rights. The court emphasized the need for the Pakistani government to assert its sovereignty and protect the lives and property of its citizens. The court directed the government to prevent future drone strikes and take the matter to international bodies for resolution. It highlighted the significant civilian casualties and destruction of property caused by these strikes, which have been condemned by various government officials and human rights organizations. The court's judgment mandated that victims of drone strikes be compensated and that the Pakistani government take necessary actions to ensure such violations do not occur in the future. |
| Summary |
This case revolves around the constitutional challenges posed by drone strikes carried out by the United States in Pakistan, specifically targeting areas like North and South Waziristan. The Peshawar High Court examined the legality of these strikes under both Pakistani law and international law, emphasizing violations of sovereignty and human rights. The court's decision reflects a growing concern over extrajudicial killings and the protection of citizens' rights amid counterterrorism operations. The ruling calls for the government to take definitive steps to safeguard its territory from unauthorized foreign military actions while seeking accountability for the victims of such strikes. This landmark case underscores the tension between national security interests and human rights obligations, making it a significant point of reference in legal discussions around drone warfare and state sovereignty. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Dost Muhammad Khan, C.J.,
Musarrat Hilali, J
|
| Lawyers |
Mirza Shahzad Akbar for Petitioner,
Iqbal Mehmand, D.A.G. for Khyber Pakhtunkhwa,
Naveed Akhtar, A.A.G. for Khyber Pakhtunkhwa
|
| Petitioners |
Foundation for Fundamental Rights
|
| Respondents |
4 others,
Federation of Pakistan
|
| Citations |
2013 SLD 592,
2013 PLD 94
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
245(1),
4(2)(a),
9
|