https://arab.news/2ynp6
- Decision follows a legal battle sparked by violent protests on May 9, 2023, by ex-PM Khan’s party
- The court has directed the government to legislate within 45 days to provide a right of appeal
ISLAMABAD: Pakistan’s top court on Wednesday reinstated the Army Act in its original form and overturned its earlier ruling that had blocked military trials for civilians accused of attacking military installations, according to the local media reports.
The decision follows a legal battle sparked by violent protests on May 9, 2023, when supporters of jailed former Prime Minister Imran Khan stormed military facilities across Pakistan and set some of them on fire after his brief arrest on graft charges.
Subsequently, dozens of people were arrested and prosecuted in military courts, triggering constitutional challenges from rights groups and activists, as Khan’s Pakistan Tehreek-e-Insaf (PTI) party vocally opposed the trials.
“The Supreme Court of Pakistan has reinstated the Pakistan Army Act in its original form and declared its earlier verdict from October 23, 2023, null and void,” Geo News reported.
“The apex court delivered the verdict with a 5-2 majority,” it added. “Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented.”
The ruling restores previously nullified clauses of the Army Act that allow civilians to be tried in military courts under certain circumstances.
The court also directed the government to legislate within 45 days to provide a right of appeal for any convictions handed down by military courts, Geo News said.
Khan’s PTI, whose supporters were among those arrested after the May 2023 protests, condemned the ruling.
“The constitutional bench of Supreme Court of Pakistan has just given the government’s petition a go by allowing military trial of civilians,” the party said in a statement. “The purpose of military law is to maintain discipline within the armed forces. It was never designed to be applied to civilians.”
The previous Supreme Court ruling in October 2023, delivered by a five-judge panel, had declared that trying civilians in military courts violated constitutional rights to a fair trial and due process. That decision was welcomed by rights groups and legal experts as a step toward strengthening judicial independence and limiting the military’s influence over civilian legal matters.
The government and the defense ministry appealed the verdict, citing national security concerns and the need to hold accountable those who attacked military installations.