In a major victory for the federal government, the Supreme Court’s constitutional bench on Wednesday reversed its October 23, 2023 decision and restored the original provisions of the Army Act in the case concerning military trials of civilians.
The apex court delivered the verdict with a 5-2 majority. Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented.
The court approved the appeals filed by the Ministry of Defence and other parties. It also restored the previously nullified clauses of the Army Act, specifically Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4).
The majority judges included Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, and Justice Hasan Azhar Rizvi. The Supreme Court said that a detailed judgement will be issued later.
The matter of granting the right to appeal against military court verdicts has been referred to the government. The court has directed the government to legislate within 45 days to ensure the right of appeal.
The court has ordered amendments to the Army Act to allow appeals in high courts against decisions of military courts.
Read the short verdict here:
Last year, the apex court's constitutional bench granted conditional permission to military courts to announce verdicts in cases involving 85 suspects allegedly involved in the May 9, 2023, riots.
In its order on the hearing of the appeals against civilians' military trial, the constitutional bench had said judgments of military courts would be conditional to the top court verdict on the cases pending before it.
Subsequently, the military courts sentenced 85 PTI activists for two to 10 years of “rigorous imprisonment” for their involvement in the May 9 protests, marking the conclusion of trials for those held in military custody over the attacks on army installations and monuments.
Later in January, the military accepted mercy pleas of 19 out of the 67 convicts sentenced in the May 9 riots case on "humanitarian grounds", the Inter-Services Public Relations (ISPR) said.
The top court, in its unanimous verdict by a five-member bench, on October 23 2023 declared civilians' trials in military courts null and void after it admitted the petitions challenging the trial of civilians involved in the May 9 riots.
Protests broke out nationwide on May 9, 2023, following the arrest of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan by Rangers within the premises of the Islamabad High Court.
Some protesters also targeted military facilities, such as the Corps Commander House in Lahore and the General Headquarters (GHQ) in Rawalpindi.
In reaction, hundreds of PTI leaders and workers were taken into custody; of which cases against 102 had been shifted from anti-terrorism courts to military courts.
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