Islamabad:
The Supreme Court has called on the federal government and parliament to adopt legislation within 45 days to allow an independent appeal against conviction from military courts. The Apex Court emphasized that this protection is important to ensure the proper process and the constitutional right of a fair trial.
This Directive came in a decision on a set of intra-cart appeal (ICAS) heard by a larger bench of the peak right in accordance with section 5 of the Supreme Court (practice and procedure), 2023.
The appeals contested the verdict on October 23, 2023 in petition on Constitution No. 24 of 2023 and related cases. In this decision, a five-member bench (by 4-1 majority) had declared certain provisions in the Pakistan Army Act, 1952 Constitutional, and had excluded the trial against civilians in military courts after the turmoil on May 9 to May 10, 2023.
In its latest order announced on May 7, 2025, the Supreme Court set aside that previous judgment and reinstated section 2 (2).
These provisions allow civilians to be tried under the military court if they are accused of luring military staff from duty or committing offenses under the law of official secrets, 1923, related to defense institutions. However, the Court clarified that this authority is limited and not a blanket permission to try civilians in all cases.
Justice Amin-out-Din Khan, who authors the 68-page majority judgment, said: “Although the Army Act includes formal protection of the proper process, the absence of an independent appeal to a civil court application for civilian constitutionally incomplete.
Justice Muhammad Ali Mazhar emphasized in a consensus that an independent appeal right before a civilian forum is a fundamental component of proper process and the right to a fair trial under Article 10-A of the Constitution.
Until Parliament adopts the demanded amendments, the Court said that the convicted by military court may turn to high courts. These courts then assessed whether a proper process was followed and whether the conviction was supported by sufficient evidence. The 45-day deadline was set to “cure the defect” and adapt military justice with constitutional protection.
The court also reiterated that although peaceful protest and assembly are protected rights, violence, destruction of property and attacks on military installations cannot be justified in the form of fundamental freedoms. The 9th to 10 May events, noticed it, constituted serious threats to national security and required a fixed but legal response.
By restoring the contested provisions of the Army Act, the Court of Justice exhibited respect to the law of parliament, but also insisted on necessary legal protection measures. “Law must be saved rather than destroyed,” Justice Mazhar wrote. He added that although the judiciary interprets the law – does not write it – it must still ensure that compliance with the Constitution.
