Civilians can be tried in military courts: SC rules

ISLAMABAD: The Constitutional Bench of the Supreme Court has announced the reserved verdict on the appeal plea of civilian’s trials in military courts.

A seven-member constitutional bench headed by Justice Aminuddin Khan had reserved the verdict earlier. The bench includes Justice Jamal Khan Mandokhail, Justice Musarrat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Shahid Bilal.

The Supreme Court has accepted government’s intra-court appeals.

Detailed reasons to be issued later, Justice Aminuddin Khan said.

The bench has ruled with a 5-2 ratio. Justice Mandokhail and Justice Afghan dissented from the majority verdict.

The constitutional bench has declared the previous Supreme Court’s verdict, given by a five-member bench, declaring civilian trials in military courts ‘null and void’. The constitutional bench has also restored all three sections of the Army Act, 21D, 2D2 and 59F.

The matter has also been sent to the government to grant the right to appeal against the decisions of the military courts. The government should enact legislation to grant the right to appeal within 45 days, the verdict said.

The verdict added that amendments should be made to the Army Act to grant the right to appeal to the High Court.

Also read: Court martial of civilians aims to protect Pakistan, not army’s ego: Khawaja Haris