SC upholds trial of civilians in military courts

Islamabad: The Supreme Court Wednesday upheld the trial of civilians in military courts.

A seven-member bench headed by Justice Aminuddin Khan delivered the verdict by a majority of 5-2.

The constitutional bench, while accepting the government’s intra-court appeals against the decision to try civilians in military courts, nullified the decision of the five-member bench of October 23, 2023.

The judges who accepted the appeals include Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Shahid Bilal, Justice Musarat Hilali, and Justice Hassan Rizvi, while Justice Naeemuddin Afghan and Justice Jamal Mandokhel dissented from the verdict.

The court also restored the three sections of the Army Act that were declared null and void, namely 21D, 2D2 and 594.

The Supreme Court said that the summary judgment of the case will be issued today while the detailed judgment will be issued later.

The decision stated that the matter was sent to the government to grant the right to appeal against the decisions of the military courts. The government should enact legislation to grant the right to appeal within 45 days, and amendments should be made to the Army Act to grant the right to appeal to the High Court.

It is pertinent to note that the seven-member Constitution Bench of the Supreme Court had reserved the decision on the case on May 5 (Monday) after hearings lasting for about five months.