Landmark ruling in Pakistan

A 5-member panel of the Supreme Court of Pakistan yesterday ruled against military trials of civilians. One justice reserve judgment as to part of the ruling. Details can be found in this article from the Express Tribune. Excerpt:

“Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons who were identified in the list provided to the Court by the learned Attorney General for Pakistan by way of CMA No.5327 of 2023 in Constitution Petition No.24 of 2023 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 9th and 10th May, 2023 shall be tried by Criminal Courts of competent jurisdiction established under the ordinary and / or special law of the land in relation to such offences of which they may stand accused,” the court order said.

The court further declared that any “action or proceedings under the Army Act in respect of the aforesaid persons or any other persons so similarly placed (including but not limited Constitution Petition Nos. 24, 25, 26, 27 & 28 and 30 & 35 of 2023 6 to trial by Court Martial) are and would be of no legal effect.”

The court, with a majority of 4-1, held that the trial of civilians under Section 2d(i) and 2d(ii) of the Army Act was unconstitutional. “It is hereby declared by Mr. Justice Ijaz ul Ahsan, Mr. Justice Munib Akhtar, Mr. Justice Sayyed Mazahar Ali Akbar Naqvi and Mrs. Justice Ayesha A. Malik 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 judgment read.

The full text of the court's Order can be found here (pp. 5-6), with opinion(s) to follow.

Dawn has this report on reaction to the decision. E.g.,

Lawyer and columnist Reema Omer wrote on X [formerly Twitter] that if the media reports of the verdict were true, the judgment is “truly historic”.

“Not only does it mean 9-10 May violence accused will be tried by regular courts, it would also allow other civilians convicted by military courts (for example Idrees Khattak) opportunity for relief and [will] prevent such military injustice in future,” she said.