Pakistan Supreme Court Allows Military Courts to Announce Verdicts in Civilian Trials Pending Final Ruling

The Pakistan Supreme Court has permitted military courts to announce verdicts in the trials of over 100 civilians accused of attacking military installations during riots sparked by former Prime Minister Imran Khan's arrest in May 2023. However, the seven-judge constitutional bench, led by Justice Aminuddin Khan, emphasized that the military courts' decisions would remain subject to the court's final verdict on appeals challenging the legality of such trials.

The bench, which includes Justices Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan, issued directives for leniency where applicable. "Suspects eligible for sentence concessions should be released, while others must be moved to jails upon sentencing," Justice Aminuddin stated.

Background and Legal Context

This decision follows a contentious legal battle over the trial of civilians under the Pakistan Army Act (PAA) of 1952. In October 2023, the Supreme Court had ruled military trials of civilians unconstitutional, mandating their transfer to civilian courts. However, the ruling was conditionally suspended in December, pending appeals filed by federal and provincial governments.

The military trials resumed under specific restrictions in March, with the Supreme Court allowing trials to proceed but prohibiting convictions or acquittals until further notice. Contradicting that stance, Monday’s directive explicitly allows military courts to pronounce verdicts, potentially signaling a shift in the court's interim approach.

Controversies and Legal Challenges

The trials have sparked intense debate over their alignment with constitutional protections, particularly under Article 8, which ensures fundamental rights. Justice Mandokhail questioned the applicability of the PAA to civilians, stating, “Can the Army Act be amended to bring every person under its jurisdiction?”

Advocate Khawaja Haris, representing the defense ministry, argued that errors existed in prior court rulings, a claim Justice Mandokhail rebuked as disrespectful to the judiciary. The bench also questioned whether anti-terrorism courts had adequately justified transferring cases to military jurisdiction.

Interim Order and Implications

Issuing the interim order, Justice Aminuddin clarified that the right to challenge military court verdicts in high courts would remain suspended until the Supreme Court’s final decision. The appeal period in high courts will commence only after the apex court's ruling.

Details on the May 9 incidents, including attacks on the Corps Commander House, were requested during the hearing. Additional Attorney General Amir Rehman committed to submitting the information formally.

Historical Context

The trials stem from violent protests following Imran Khan’s arrest, during which military properties were allegedly targeted. A previous Supreme Court bench, in a landmark ruling, declared that civilians could only be tried in civilian courts under existing criminal laws. The appeals, however, have reopened the debate on whether exceptional circumstances justify military trials.

Broader Ramifications

The ongoing proceedings are being closely watched, with implications for Pakistan’s judiciary, civil-military relations, and human rights framework. As the apex court deliberates on its final ruling, the case has reignited discourse on constitutional protections, the scope of military jurisdiction, and the balance of power in Pakistan’s legal and political landscape.

The hearing has been adjourned until after the court's winter break, with a final decision expected in the coming months.