Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 4 & 8---Fundamental rights---Scope---Fundamental rights can neither be treated lightly nor interpreted in a casual or cursory manner---While interpreting fundamental rights guaranteed by the Constitution, a cardinal principle has always to be borne in mind that such guarantees to individuals are subject to overriding necessity or interest of community---Fundamental rights have no real meaning if State itself is in danger and disorganized---If State is in danger, liberties of subjects are themselves in danger---Equilibrium has to be maintained between two contending interests at stake; one, individual liberties and positive rights of citizen which were declared by the Constitution to be Fundamental; and the other, need to impose social control and reasonable limitation on enjoyment of those rights in the interest of collective good of society. (b) Mala fides--- ----Connotation---Action or decision is said to be suffering from mala fide on facts if it is taken due to some personal grudge, animosity, or for some personal benefit---State of mind of person taking action is of great importance. (c) Malice--- ----Scope---Any action suffers from malice in law if authority taking action is not competent to do so or has acted beyond its powers or in violation of law applicable even though it may have acted bona fide and without ill-will---Malice in law is found when order has been passed without contrary to objects and purpose of relevant statute and in abuse of powers conferred upon such authority. (d) Anti-Terrorism Act (XXVII of 1997)--- ----Sections 7 & 11-EEE(1)---Penal Code (XLV of 1860), Sections302, 324, 427, 109 & 34---Pakistan Army Act (XXXIX of 1952), Sections2(1)(d)(iii)(iv)(4)(5), 8(11) & 112---Constitution of Pakistan, Arts.199 & 175 [as amended by Constitution (Twenty-First Amendment) Act, (I of 2015)]---Constitutional petition---Military Court---Transfer of case to Military Court---Petitioners were accused in cases of terrorism resulting into killing of innocent persons---Authorities authorized the case to be tried by Military Courts constituted under Pakistan Army Act,…