ISLAMABAD, SEPT 22: The Supreme Court of Pakistan has ruled that convicts sentenced by military courts must be granted the right to appeal, directing the government to legislate within 45 days.
The apex court released on Monday its detailed judgment on intra-court appeals concerning the trial of civilians by military courts.
Justice Aminuddin Khan authored the 68-page majority decision, with Justice Muhammad Ali Mazhar adding a 47-page concurring note.
Out of the seven-member constitutional bench, five judges upheld the intra-court appeals, while Justices Jamal Mandokhail and Naeem Afghan issued dissenting notes. The ruling confirmed the legality of military trials for civilians but emphasized the constitutional necessity of appeal rights.
In its order, the court instructed the federal government and Parliament to introduce legislation within 45 days, ensuring convicted civilians have the right to independent appeals before the High Courts.
The judgment highlighted that while the Army Act already contains basic procedural safeguards, it lacks an adequate appellate mechanism for ordinary citizens. The bench clarified that a constitutional response does not require striking down the relevant Army Act provisions altogether but demands the creation of a proper appeal forum.
Key highlights of decision
Restoration of Provisions: The court set aside Justice Muneeb Akhtar’s October 23, 2023 ruling, reinstating Section 2(1)(d)(i) and (ii) and Section 59(4) of the Pakistan Army Act, 1952.
Reasoning: Justice Aminuddin Khan noted that Justice Akhtar’s reliance on Article 8(5) to nullify these clauses was misplaced, as the provision merely prohibits the suspension of fundamental rights.
Bench Composition: Justices Aminuddin, Hasan Rizvi, Musarrat Hilali, and Shahid Bilal endorsed Justice Mazhar’s additional note, while the two dissenting judges opposed the ruling.
Proceedings and attorney general’s role
During hearings, Attorney General Mansoor Usman Awan repeatedly sought time to obtain government instructions on the appeal issue. At the May 5 hearing, he stated that if the court issued directions, legislation could be introduced in Parliament.
In the final decision, the Attorney General assured that the government would take the Supreme Court’s directive seriously.
The judgment comes nearly 10 months after the formation of the constitutional bench. The detailed ruling spans 69 pages, of which 62 pages record the arguments presented by petitioners and respondents, with reasons and orders outlined in the remaining sections.
The Supreme Court’s decision reaffirms the legality of military trials for civilians but strikes a balance by mandating an appellate safeguard, a long-demanded constitutional guarantee.
