The SCBA president, Kamran Murtaza, had filed a petition under Article 184 (3) of the Constitution, making the Federation of Pakistan through Secretary Ministry of Law Justice & Human Rights respondent. Accepting the plea for regular hearing , the bench issued notices to the federation and Attorney General for Pakistan (AGP) Salman Aslam Butt for August 18. In its interim order, the bench ruled that 14 judges had already given a stay order against the extra-constitutional steps in the judgement passed on July 31, 2009 in response to Sindh High Court Bar Association versus Federation of Pakistan case terming any extra-constitutional steps by State institution a violation of the Constitution.
During the course of proceedings, Murtaza pleaded that some sections of society maintain general elections 2013 were not free and fair and sanctity of ballot had been violated in the elections that undermined democratic foundations of the Republic.
He contended that such claimed denial of political justice contemplated by the Objectives Resolution and Article 2A read with Article 17 of the Constitution is an issue which is currently engaging the public at large and the same has led to agitation in the country on a large scale.
The SCBA president maintained that in the handling of such agitation large scale violations of the citizens' fundamental rights granted by the Constitution are taking place. In this regard, he referred to the killings of a number of persons, including police personnel, unauthorised seizure of containers of private persons or commercial enterprises by the police for its own use and restrictions placed upon the citizens' freedoms regarding movement and unarmed peaceful assembly. He further argued, "in view of the protest marches of the agitating political parties and others in and towards the capital of Pakistan - the daily lives of the residents of Islamabad are in peril and the democratic constitutional dispensation in the country is in jeopardy".
Murtaza contended that the political stand-off or impasse created by the situation is adversely affecting all spheres of national life. According to him, such situation may prompt or embolden some authorities or functionaries to take undue advantage of the situation and to resort to some unconstitutional measures.
The petitioner argued that a political party head was demanding resignation of the incumbent government; to which, Chief Justice Nasirul Mulk observed that the demand of a political party head has nothing to do with the current matter. The Chief Justice further observed that the petitioner has not made Imran Khan or Threek-e-Insaf a party to the case whereas his pray in the matter is also ambiguous.
A member of the bench, Justice Asif Saeed Khan Khosa, observed that the petition in hand has been filed on the concerns related to army that it may not take November 3, 2007-like step. Justice Jawwad S.Khawaja observed that Constitution is not a document which could be amended in response to demands, saying only a constitutional course should be adopted. The SCBA contended that pray of the matter has limited intentionally in the current matter, saying he has respect for army and that it should not be maligned.
Appearing on court's notice, AGP Salman Aslam Butt apprised the bench that due to current political unrest the national kitty has suffered a loss of $3.20 billion. Butt prayed the court to pass an order that no unconstitutional step will be taken by any institution, including the army. Later, the bench issued notices to the federal government and the AGP and adjourned the hearing of case till August 18.