ISLAMABAD – Supreme Court of Pakistan directed federal government to bring legislation within 45 days to ensure civilians convicted by military courts can appeal their verdicts in the civilian judicial system.
The detailed decision written by Justice Amin-ud-Din Khan, stated that Pakistan Army Act provides a legal framework for military trials, it currently lacks a proper mechanism for civilians to challenge convictions. “The appellate process for civilians is constitutionally incomplete,” the judgment said.
The ruling came during an Intra-Court Appeal (ICA) hearing on May 5, which set aside an earlier Supreme Court order from October 23, 2023. That earlier judgment had declared key provisions of the Army Act unconstitutional and barred civilians accused in the May 9–10, 2023 incidents from being tried in military courts, directing instead that they be tried in ordinary criminal courts.
Justice Amin, joined by Justices Hassan Raza-Vi, Musarrat Hilali, and Shahid Bilal, said that military trials must meet the standards of Article 10A of the Constitution, which guarantees fair trial and due process. The court rejected claims that Article 175(3) prohibits military courts, but made clear that the current system fails to fully protect civilian rights.
The federal government had argued that the previous judgment was illegal, lacked jurisdiction, and conflicted with precedent, noting that the Army Act provisions are essential for national security and fall under Article 8(3), which shields Armed Forces laws from fundamental rights challenges.
In verdict, the apex court restored previously struck-down sections of the Army Act, while holding that:
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Military trials, when narrowly defined by law, do not violate separation of powers.
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Civilians are entitled to procedural fairness under Article 4 and international obligations such as the ICCPR.
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The government must legislate a civilian appeal mechanism within 45 days to close the current legal gap.
Legal experts say the ruling strikes a balance between national security and constitutional rights, allowing military courts to function while ensuring civilians have access to judicial review.
Supreme Court issues written verdict on military trial intra-court appeals
