SC Validates Military Court Trials for Civilians, Orders Govt to Amend Army Act

The Supreme Court of Pakistan has upheld the trial of civilians in military courts, marking a significant legal development in the country’s judicial landscape. In a ruling issued on Wednesday, a seven-member constitutional bench accepted the government’s intra-court appeals, reversing a previous decision that had nullified military trials for civilians.

The bench, led by Justice Amin-ud-Din Khan, delivered the verdict with a 5-2 majority. Justices Muhammad Ali Mazhar, Shahid Bilal, Musarrat Hilali, and Hasan Rizvi joined Justice Amin-ud-Din Khan in supporting the appeals, while Justices Naeem-ud-Din Afghan and Jamal Mandokhail dissented.

The court also reinstated three critical sections of the Pakistan Army Act—2(1)(d), 2(d)(ii), and 59(4)—which had earlier been annulled. These sections relate to the legal framework that allows civilians to be tried in military courts under specific circumstances.

In its brief order, the court noted that the detailed judgement will follow soon. Importantly, the court emphasised the need to establish a clear legal mechanism for appeals against military court verdicts. It directed the government to introduce necessary amendments to the Army Act within 45 days, enabling civilians to appeal military court decisions in the High Court.

This ruling follows the court’s earlier reservation of judgement on intra-court appeals connected to the May 9 riots, during which military installations in cities like Lahore, Mianwali, and Islamabad were attacked. The Attorney General of Pakistan, Mansoor Usman Awan, had argued that the attacks were premeditated and warranted military court trials under existing laws.