SC Restores Military Trial of Civilians, Declares Previous Decision Unconstitutional

Islamabad – The Supreme Court of Pakistan has announced a significant ruling on the trial of civilians in military courts, overturning its previous decision that declared such trials unconstitutional. In a landmark judgment, the Court reinstated the Army Act in its original form, allowing military courts to conduct trials of civilians under certain circumstances.

A seven-member bench, headed by Justice Aminuddin Khan, delivered the verdict with a majority of five to two. The Court accepted the intra-court appeals filed by the Shaheed Foundation, ruling in favor of military trials for civilians.

According to the ruling, civilians may now face proceedings under the Army Act, and the jurisdiction of military courts will remain intact. The Court also restored sections 2(1)(d)(I), 2(1)(d)(II), and 59(4) of the Army Act, which pertain to the application of military courts for civilians.

Justices Aminuddin Khan, Muhammad Ali Mazhar, Shahid Bilal, Musarat Hilali, and Hassan Rizvi were part of the majority opinion, while Justices Jamal Khan Mandokhel and Syed Muhammad Naeem Akhtar Afghan dissented and issued a separate note.

Additionally, the Court referred the matter to the government to legislate on providing the right to appeal against decisions by military courts. The Court directed the government to amend the Army Act within 45 days to allow appeals in the High Court.

Background:
This ruling comes at a time when the issue of military trials for civilians has gained national and legal attention, particularly following the violent events of May 9, 2023. The Supreme Court had previously formed a seven-member constitutional bench under Justice Aminuddin Khan to hear appeals related to civilian military trials, with hearings commencing on December 9, 2024.

On December 13, the Court issued an interim order allowing military courts to proceed with cases involving 85 individuals linked to the May 9 violence, provided that the decisions would be contingent upon the Court’s final ruling.

In December 2024, military courts handed down sentences in two phases: the first on December 21, where 20 individuals were sentenced to 10 years in prison, and the second on December 26, where 60 individuals, including PTI Chairman Imran Khan’s nephew Hassan Niazi, were also sentenced to 10 years.

Read more: Supreme Court Narrows Scope of Review Petitions in Landmark Decision

The legal proceedings stemmed from the violent events of May 9, 2023, when Imran Khan was arrested in the Al-Qadir Trust case, sparking nationwide unrest. During the protests, the headquarters of the Lahore Corps Commander (Jinnah House) was attacked, the GHQ gates in Rawalpindi were breached, and numerous military, civilian, and private properties were damaged. At least eight people were killed, 290 were injured, and 1,900 individuals were arrested across the country, including PTI leaders and activists.