SC constitutional bench allows civilians' trial in military courts
Pakistan
SC accepted the government's intra-court appeals against the decision
ISLAMABAD (Dunya News) – The Supreme Court’s (SC) constitutional bench on Wednesday upheld the trial of civilians in military courts as lawful.
A seven-member constitutional bench accepted the government's intra-court appeals against the decision regarding the trial of civilians in military courts.
The judges who approved the appeals include Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar, Justice Shahid Bilal, Justice Musarrat Hilali, and Justice Hasan Rizvi, while Justice Naeem-ud-Din Afghan and Justice Jamal Mandokhail dissented from the decision.
The court also reinstated the three previously annulled sections of the Army Act: 2(1)(d), 2(d)(ii), and 59(4).
The SC stated that a short verdict has been issued today, while a detailed judgment will be released later.
The decision noted that the matter of granting the right to appeal against military court verdicts has been referred to the government. The government has been directed to legislate on granting the right of appeal within 45 days. Amendments should be made to the Army Act to provide the right of appeal in the High Court.
Supreme Court reserves verdict in civilians' military trial case
The court on Monday reserved its verdict on intra-court appeals challenging the nullification of military trials for civilians involved in the May 9 riots.
A seven-member bench, led by Justice Aminuddin Khan, concluded hearings after extensive arguments by Attorney General Mansoor Usman Awan, who described the May 9 incidents as deliberate attacks across 39 locations, including military installations in Lahore, Mianwali, and Islamabad.
The bench questioned the legal grounds for trying civilians in military courts, asking whether legislative amendments to the Army Act and Official Secrets Act had been made in line with constitutional changes.
Read more: Constitutional bench questions legitimacy of military courts
Justice Musarrat Hilali queried if there was internal facilitation during the attack on Jinnah House, while Justice Mandokhail raised concerns about intent, suggesting the violence might have stemmed from protest that spiraled out of control.
Responding to a query about internal accountability in the Army, the AG revealed that three senior officers, including a lieutenant general, were retired without pension due to negligence, and 14 others were censured. He clarified that disciplinary, not criminal, action was taken.
Justice Naeem Afghan warned the AG to avoid delving into the merits of the May 9 events, stressing that the focus should remain on constitutional questions such as due process and the appellate framework.
The AG noted that 86 convicts had filed appeals and requested leniency in time limits for others. Complaining of time constraints during his argument, he was assured by Justice Mandokhail that the bench’s priority was the nation’s future.
