Merham Ali versus Federation of Pakistan

Mehram Ali versus Federation Pakistan (PLD 1998 SC 1445) is considered to be an important judgment of Supreme Court of Pakistan and marked the importance of the independence of a judiciary, particularly in reference to the Article 175 of the Constitution of Pakistan.

On January 18, 1997, Mehram Ali, a member of Shia organization called Sipah-e-Muhammad Pakistan the armed wing of Tehrik-e-Jafaria Pakistan (TJP), detonated a remote-controlled bomb in the vicinity of the Lahore courts, where the two leaders of the Sepah-Sehaba Pakistan (SSP), an anti-Shia group of Sunnis, were brought for a hearing before the additional session judge. The explosion killed twenty-three people, including the two Sunni leaders, and injured more than fifty people. Mehram Ali was caught on the spot but his trial before the Sessions court went forth slowly.

The Government of Pakistan enacted the 1997 Anti-Terrorism Act signed on August 17, 1997 by then Prime Minister Nawaz Sharif, which created a new court system dedicated to trying cases related to terrorism in a speedy manner. Mehram Ali's case was transferred to the newly constituted Anti-Terrorism Court. The ATC convicted Mehram Ali on twenty-three counts of murder and various other charges relating to the bombing. In September 1997, Mehram Ali was sentenced to 23 death sentences and 550 years imprisonment.

Mehram Ali filed an appeal before the newly constituted Anti-Terror Appellate Tribunal in Lahore. The ATA upheld his conviction.

Mehram Ali then filed a writ petition before the Lahore High Court claiming, among other things, that the formation of the special courts violated the provisions of the Constitution. The Lahore High Court claimed jurisdiction to hear the appeal, but held that the conviction should still stand.

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