The Supreme Court of Pakistan has ruled that civilians convicted by a military court must be granted the right to appeal. The government has been directed to introduce legislation within 45 days to ensure this constitutional safeguard.
The apex court issued its detailed judgment on intra-court appeals regarding the trial of civilians by military courts. Justice Aminuddin Khan authored the 68-page majority opinion, while Justice Muhammad Ali Mazhar added a 47-page concurring note.
Out of the seven-member bench, five judges supported the appeals, while Justices Jamal Mandokhail and Naeem Afghan issued dissenting notes. The ruling confirmed that trials under a military court are legal but emphasized that appeal rights are a constitutional necessity.
Court directives
The Supreme Court instructed the federal government and Parliament to pass legislation within 45 days. This will allow convicted civilians to challenge military court verdicts in High Courts.
The judgment explained that while the Army Act provides some procedural safeguards, it lacks a proper appellate mechanism for ordinary citizens. The bench noted that striking down provisions of the Army Act was unnecessary. Instead, a fair and independent forum of appeal must be created.
Key highlights
- Restored provisions: The court reversed Justice Muneeb Akhtar’s October 2023 ruling and reinstated Section 2(1)(d)(i) and (ii) and Section 59(4) of the Pakistan Army Act, 1952.
- Reasoning: Justice Aminuddin Khan held that Article 8(5) was misapplied in striking down these provisions.
- Bench support: Justices Aminuddin, Hasan Rizvi, Musarrat Hilali, and Shahid Bilal endorsed Justice Mazhar’s concurring note.
Role of Attorney General
During proceedings, Attorney General Mansoor Usman Awan repeatedly sought time to consult the government. On May 5, he said that if directed, legislation could be introduced in Parliament. In the final judgment, he assured the court that the government would comply.
This decision, nearly 10 months after the bench was formed, reaffirms the legality of military court trials for civilians but balances it with a vital constitutional safeguard — the right to appeal.
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