The Supreme Court on Wednesday accepted intra-court appeals challenging an earlier verdict that had declared the military trials of civilians unconstitutional, effectively setting aside the decision by a majority of five to two.
A seven-member larger bench of the apex court, headed by Justice Aminuddin Khan, delivered the reserved verdict, overturning the October 2023 ruling by a five-member bench that had restrained the military from trying civilians in connection with the May 9 violence under the Pakistan Army Act.
The majority of the judges — five out of seven — ruled in favour of the appeals, thereby allowing military courts to proceed with trials of civilians accused of attacking military installations.
The bench was constituted to hear intra-court appeals filed by the federal government and other petitioners seeking to restore military trials for individuals accused of inciting or participating in the May 9 riots, which followed the arrest of former prime minister Imran Khan.
According to the short order, the apex court ruled that the earlier judgment declaring the military trial of civilians as unconstitutional “stands nullified.”
The court had earlier reserved its verdict after concluding arguments from all sides, including the Attorney General for Pakistan (AGP) and the petitioners’ counsel.
The initial verdict had stirred significant legal and political debate, with rights activists and several political parties arguing that civilians must be tried in ordinary criminal courts in accordance with constitutional guarantees of fair trial and due process.
However, the federal government maintained that those accused of attacks on sensitive military installations, such as the Corps Commander House in Lahore and GHQ in Rawalpindi, should be tried under the Army Act due to the gravity of the offences.
In response to the October ruling, the government had filed intra-court appeals under Article 184(3) of the Constitution, requesting that the matter be reconsidered in the interest of national security and justice.
The detailed judgment is expected to be issued in the coming days, providing the court’s reasoning behind reversing the earlier ruling.
Background
On May 9, 2023, following the arrest of PTI chief Imran Khan, protests erupted across the country, resulting in attacks on military installations and public property. In the aftermath, dozens of civilians were arrested, and the government announced its intent to try them in military courts.
The move was challenged in the Supreme Court, and in October 2023, a five-member bench had ruled the decision unconstitutional. The government then filed intra-court appeals, which have now been upheld by the larger bench.
