ISLAMABAD – The Supreme Court has ordered the federal government to introduce legislation within 45 days, ensuring that civilians convicted by military courts can appeal their sentences in civilian courts.
The detailed ruling, authored by Justice Amin-ud-Din Khan, noted that while the Pakistan Army Act allows military trials, it lacks a proper appeal mechanism for civilians, making the process “constitutionally incomplete.”
The verdict came during an Intra-Court Appeal on May 5, overturning an earlier Supreme Court order from October 23, 2023, which had barred military trials for civilians linked to the May 9–10 riots and directed that they be tried in regular courts.
Justice Amin, joined by Justices Hassan Raza-Vi, Musarrat Hilali, and Shahid Bilal, stressed that military proceedings must comply with Article 10A, which guarantees fair trial and due process. The court rejected the claim that Article 175(3) forbids military courts but said the current framework falls short of safeguarding civilian rights.
The federal government argued that the earlier judgment was unlawful, beyond jurisdiction, and contrary to precedent, adding that provisions of the Army Act are crucial for national security and protected under Article 8(3).
In its ruling, the apex court reinstated previously annulled sections of the Army Act, clarifying that:
- Military trials, if narrowly defined, do not breach separation of powers.
- Civilians must be guaranteed fairness under Article 4 and international treaties such as the ICCPR.
- The government must legislate an appeal process within 45 days to bridge the constitutional gap.
According to legal experts, the judgment seeks a middle ground, preserving military courts for national security while giving civilians the right to judicial review.
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