SC allows civilian trials in the military courts

ISLAMABAD
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. 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 Court, by majority (4 to 1), declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect,” the short order read.
It was further declared that the trials of around 103 civilians facing charges and all other persons who are now, or may at any time be, similarly placed in relation to the events arising from and out of May 9 and 10, 2023, shall be tried by Criminal Courts of competent jurisdiction established under the ordinary and or special law of the land.
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. Meanwhile, Chief Justice of Pakistan Yahya Afridi recorded his dissent to the majority judgment and abstained from declaring clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act, ultra vires the Constitution.
However, he concurred and joined with the other members of the bench that the accused persons, in relation to the events arising from and out of May 9 and 10, 2023, shall be tried by Criminal Courts of competent jurisdiction established under the ordinary and/or special laws.
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.