Pakistan army chief gets a boost as SC allows military trials for civilians

Pakistan’s Supreme Court has upheld the legality of military trials for civilians, clearing the path for prosecuting those involved in the violent protests of May 2023 during which military assets were attacked.

Supporters of the Pakistan Tehreek-e-Insaf (PTI) party launched aggressive demonstrations following the arrest of their leader Imran Khan, reportedly targetting military installations.

Supreme Court bench

A seven-member constitutional bench of the Supreme Court led by Justice Aminuddin Khan was convened to hear appeals which contested an earlier ruling from October 2023 barring military trial of civilians.

Also Read: Cipher case: Pakistan Supreme Court grants bail to Imran Khan and his associate Qureshi

After the May 9, 2023 violent street protests, more than 100 demonstrators were transferred to military custody for prosecution. Imran Khan still remains in prison.

The petitioners had submitted review petitions requesting the annulment of the ruling that restricted military courts from trying civilians under military laws.

Latest verdict

Delivering a 5-2 split verdict this week, Justice Aminuddin permitted the trial of civilians linked to the May 2023 attacks on military jurisdictions.

However, he told the government to amend the Army Act within 45 days to provide those convicted by military courts the right to appeal their sentences before a high court.

Also Read: Pakistan will respond with 'full force', says Army chief

Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the majority verdict, upholding the previous ruling that had declared military trials of civilians null and void.

Earlier ruling

On October 23, 2023, a five-member bench ruled by a 4-1 majority that trying civilians in military courts was unconstitutional.

While the bench unanimously agreed that the cases should be tried in criminal courts, the majority struck down certain sections of the Pakistan Army Act, 1952.

Also Read: How two Asims brought their country Pakistan to the brink of war

Now, the constitutional bench has reinstated those sections.

Military courts and PTI

During the course of the petition hearings, military courts sentenced 85 PTI activists to prison terms ranging from two to 10 years of rigorous imprisonment.