ISLAMABAD:The Supreme Court of Pakistan has delivered a significant verdict regarding the trial of civilians in military courts.
A seven-member bench, headed by Justice Aminuddin Khan, accepted the government’s intra-court appeals by a 5-2 majority. This decision effectively overturned the previous ruling by a five-member bench on October 23, 2023, which had declared the trial of civilians in military courts unconstitutional.
As a result of this ruling, the sections of the Army Act that were previously struck down have been reinstated. The court has validated the trial of civilians in military courts.
The judges who were part of the majority decision include Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Shahid Bilal, Justice Musarrat Hilali, and Justice Hasan Rizvi. Justices Jamal Mandokhail and Naeem Akhtar Afghan dissented from the majority opinion.
The Supreme Court has also reinstated sections 59(4), 2D(1), and 2D(2) of the Army Act.
This decision is expected to open a new chapter of debate within Pakistan’s legal and political circles.
The court has referred the matter of providing the right to appeal against decisions by military courts to the government. The government has been directed to legislate on providing the right to appeal within 45 days. The decision also states that amendments should be made to the Army Act to grant the right to appeal in the High Court.
