In a pivotal ruling with far-reaching legal and political consequences, the Supreme Court of Pakistan’s Constitutional Bench (CB) on Wednesday allowed the continuation of military trials for civilians accused of involvement in the May 9, 2023 riots, overturning a previous landmark decision that had declared such trials unconstitutional.
The 5-2 majority verdict came in response to 38 intra-court appeals (ICAs) filed by the federal and provincial governments, along with the Shuhada Forum Balochistan, challenging the October 2023 judgment that struck down the legal basis for trying civilians in military courts.
The appeals were heard by a seven-member bench headed by Justice Aminuddin Khan, and included Justices Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan.
Majority vs. Dissent
Justice Aminuddin delivered the short order, allowing the appeals and reinstating the previously invalidated provisions of the Pakistan Army Act, 1952 — particularly Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) — which define the legal authority to try civilians in military courts for certain offenses.
However, Justices Mandokhail and Afghan dissented, dismissing the appeals and reaffirming the October 23, 2023 ruling that had termed the military trials unconstitutional. That ruling, delivered by a separate five-judge bench led by Justice Ijazul Ahsan, had struck down the legality of military court jurisdiction over civilians by a 4-1 majority.
Context and Timeline
The military trials stem from violent incidents following the arrest of former Prime Minister Imran Khan on May 9, 2023, during which army installations, including the Corps Commander House in Lahore, were attacked.
- On December 13, 2024, the CB conditionally allowed military courts to announce reserved verdicts in 85 pending cases.
- On December 21, 25 civilians were sentenced to 2–10 years in prison.
- A week later, another 60 individuals received similar sentences.
- On January 2, 2025, 19 mercy petitions were accepted, while 48 others were moved to appellate military courts.
International Reaction and Political Fallout
The ruling has already drawn criticism from both domestic and international observers. The PTI has strongly opposed the use of military courts for civilians, calling the process politicized and unconstitutional. Meanwhile, the United States, United Kingdom, and European Union have also voiced serious concerns, warning that such trials violate international legal norms, including the right to a fair trial and due process protections.
