A strange ruling in Pakistan

Last year, a 5-member bench of the Pakistan Supreme Court ruled that provisions of the Army Act under which civilians could be tried in courts-martial were invalid. The decision was not accompanied by any opinions. The opinions have now come down, as explained in this Express Tribune article. What is strange is that the past ruling will not apply to all cases.

“Cases of persons convicted by court martial and who have either (i) served out the sentence, or (ii) who are serving the sentence but have exhausted legal remedies and/or whose convictions have otherwise become final, shall be regarded as past and closed, and remain unaffected by this judgment.”

The three opinions can be found here on the court's website. The court is in considerable disarray: two of the justices who participated in the military-courts decision resigned this week, according to this report.

Meanwhile, a larger bench still has to decide the constitutionality of the Army Act provisions. Watch for further action by that larger bench in response to the 5-member bench's decision. What a mess!

Postscript: Dawn has this detailed report on the issues roiling the court.