In a landmark ruling, the Supreme Court of Pakistan has overturned its previous decision that deemed the trial of civilians in military courts unconstitutional.
A seven-member bench, led by Justice Aminuddin Khan, issued the verdict with a majority of five to two. The court accepted the intra-court appeals from the Shuhada Foundation, affirming the legality of military court proceedings against civilians.
The ruling permits future actions against civilians under the Army Act and maintains the jurisdiction of special courts. Additionally, the Supreme Court reinstated key sections of the Army Act, specifically 2(1)(d)(I), 2(1)(d)(II), and 59(4), which relate to the application of military courts to civilian cases.
Justices Aminuddin Khan, Muhammad Ali Mazhar, Shahid Bilal, Musarrat Hilali, and Hassan Rizvi supported the majority decision, while Justices Jamal Khan Mandokhel and Syed Muhammad Naeem Akhtar Afghan expressed dissent and submitted separate notes.
The court has also directed the government to legislate within 45 days to establish the right to appeal against decisions made by special courts and to amend the Army Act to enable appeals in the High Court.
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The recent ruling regarding the trial of civilians in military courts has gained significant national and legal attention in the wake of the violent events of May 9, 2023.
The SC established a seven-member constitutional bench, led by Justice Aminuddin Khan, to address appeals against the military trials of civilians on December 6, 2024, with formal hearings commencing on December 9.
On December 13, the court issued an interim order permitting military courts to conditionally issue verdicts against 85 individuals involved in the May 9 incidents, emphasizing that these decisions would depend on the Supreme Court’s final ruling in the ongoing case.
Consequently, military courts issued decisions in two phases. The first ruling, announced on December 21, 2024, sentenced 20 defendants to up to 10 years in prison. The second ruling, delivered on December 26, sentenced 60 defendants, including Hassan Niazi, nephew of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, to 10 years in prison.
These judicial proceedings were set against the backdrop of the May 9 unrest, triggered by Imran Khan’s arrest at the Islamabad High Court in the Al-Qadir Trust case, which ignited widespread protests.
In Lahore, the office of the Pakistan Muslim League (N) in Model Town was set ablaze, the residence of the Lahore Corps Commander (Jinnah House) was attacked, the gate of the GHQ in Rawalpindi was breached, and various military, civilian, and private properties sustained damage.
The protests resulted in at least 8 fatalities and 290 injuries, while approximately 1,900 individuals were arrested nationwide on charges of vandalism, arson, and insurrection, including prominent PTI leaders and activists.
