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.
Read the short verdict here:
Last year, the apex court’s constitutional bench granted conditional permission to military courts to announce verdicts in cases involving 85 suspects allegedly involved in the May 9, 2023, riots.
In its order on the hearing of the appeals against civilians’ military trial, the constitutional bench had said judgments of military courts would be conditional to the top court verdict on the cases pending before it.
Subsequently, the military courts sentenced 85 PTI activists for two to 10 years of “rigorous imprisonment” for their involvement in the May 9 protests, marking the conclusion of trials for those held in military custody over the attacks on army installations and monuments.
Later in January, the military accepted mercy pleas of 19 out of the 67 convicts sentenced in the May 9 riots case on “humanitarian grounds”, the Inter-Services Public Relations (ISPR) said.
The top court, in its unanimous verdict by a five-member bench, on October 23 2023 declared civilians’ trials in military courts null and void after it admitted the petitions challenging the trial of civilians involved in the May 9 riots.
Protests broke out nationwide on May 9, 2023, following the arrest of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan by Rangers within the premises of the Islamabad High Court.
Some protesters also targeted military facilities, such as the Corps Commander House in Lahore and the General Headquarters (GHQ) in Rawalpindi.
In reaction, hundreds of PTI leaders and workers were taken into custody; of which cases against 102 had been shifted from anti-terrorism courts to military courts.
