—  Trial of civilians by courts martial: violative of fundamental rights despite proclamation of emergency — Scope — Even when the Constitution is operating in the emergency mode, i.e., under a Proclamation of Emergency, and even if that Proclamation is “bolstered” by an Order under Article 233(2), sections 2(1)(d) and 59(4) of the Pakistan Army Act, 1952 would be, and remain, ultra vires the Constitution, on account of the continued protection provided by Article 8(5). [2023 SCLR 31 = 2023 SCMR 1732]