US EditionSC annuls decision against civilian trials in military courts
- On Wednesday, Pakistan’s Supreme Court overturned its October 23, 2023 ruling and restored the full provisions of the Pakistan Army Act, effectively nullifying its earlier decision that had invalidated parts of the law.
- This reversal came after the Ministry of Defence, along with other parties, filed appeals against the earlier unanimous decision that had ruled military trials of civilians unconstitutional.
- The reinstated provisions consist of clauses 2, 2, and section 59 of the Army Act, which grant military courts the authority to try civilians involved in the disturbances that took place on May 9, 2023.
- The court issued a 5-2 majority verdict, with Justices Mandokhail and Afghan dissenting, and gave the government 45 days to legislate the right of appeal against military court verdicts.
- This decision allows military trials to continue and signals a legal endorsement of past civilian convictions related to the riots but mandates legislative amendments to ensure judicial review.
14 Articles
14 Articles
SC annuls decision against civilian trials in military courts
The Supreme Court of Pakistan on Wednesday reinstated the Pakistan Army Act in its original form, overturning its October 23, 2023 ruling that had declared certain provisions of the law unconstitutional. In a majority 5-2 verdict, the apex court upheld the appeals filed by the Ministry of Defence and others, restoring clauses previously struck down, including Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act. Justices Aminuddin Khan, M…
Pakistan’s top court allows military trials of civilians accused of
ISLAMABAD: Pakistan’s top court on Wednesday reinstated the Army Act in its original form and overturned its earlier ruling that had blocked military trials for civilians accused of attacking military installations, according to the local media reports. The decision follows a legal battle sparked by violent protests on May 9, 2023, when supporters of jailed former Prime
Civilians' military trials: Supreme Court reinstates Army Act provisions
A general view of the Supreme Court of Pakistan in Islamabad, on April 4, 2022. — Reuters In a major victory for the federal government, the Supreme Court’s constitutional bench on Wednesday reversed its October 23, 2023 decision and restored the original provisions of the Army...
May 9 riots: SC’s CB declares civilians military trial as lawful
In dissenting order, Justices Mandokhail and Afghan set aside convictions of civilians by military courts over May 9 riots, declaring them as “without jurisdiction”. ISLAMABAD: In a majority decision, the Supreme Court’s Constitutional Bench (CB) on Wednesday declared the trial of civilians in military courts as lawful, setting aside the previous ruling by a five-member bench that had deemed such trials unconstitutional. According to legal exper…
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