Tuesday, September 23, 2025

Pakistan's Military Courts Case

After some months' delay, the Supreme Court of Pakistan has finally released the opinions of the 5-justice majority in The Military Courts Case. The opinion of the court by the Senior Judge, Justice Amin-ud-Din Khan, can be found here. The concurring opinion of Justice Muhammad Ali Mazhar can be found here. The earlier-released dissent by Justice Jamal Khan Mandokhail for himself and Justice Naeem Akhter Afghan can be found here

The court's bottom line is to uphold the trial of civilians by court-martial, albeit with the hope that the government will enact legislation within 45 days affording accused persons the right to appellate review in the High Court. So far as we can tell, no such legislation has been enacted even though the 45-day deadline has long since expired.

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