The Supreme Court (SC) of Pakistan has recently permitted military courts to issue verdicts for 85 accused civilians. However, the implementation of these rulings has been made contingent on the final decision of an ongoing constitutional case. This landmark development underscores the complexities of military justice and its intersection with civilian rights under Pakistan’s legal framework.

Key Highlights of the Case

The Constitutional Bench (CB), headed by Justice Aminuddin Khan, included Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan. They convened to deliberate on appeals challenging the military courts’ jurisdiction.

1. Historical Context of the Army Act
   • Justice Jamal Khan Mandokhail questioned whether amendments to the Army Act could expand its jurisdiction to cover civilians.
   • Discussions revealed that the Army Act, established prior to Pakistan’s 1973 Constitution, was originally intended to govern military personnel.
2. Judicial Integrity and Army Act Amendments
   • During the session, Khawaja Haris, representing the Ministry of Defence, addressed concerns about prior judicial rulings that nullified certain sections of the Army Act.
   • Justice Mandokhail emphasized the importance of respecting judicial integrity, cautioning against derogatory language regarding past decisions.
3. May 9 Incidents Under Scrutiny
   • Justice Muhammad Ali Mazhar demanded clarity on whether the case was restricted to the May 9 incidents, including the alleged ransacking of the Corps Commander’s house.
   • Fresh details provided by the Additional Attorney General (AAG) are set to be formally submitted in a miscellaneous petition.
4. Debate on Rights and Governance
   • Justice Musarrat Hilali raised concerns over trials conducted under invalidated sections of the Army Act prior to May 9.
   • Justice Mandokhail stressed that the Army Act prioritizes military discipline, making it unsuitable for general public trials.
5. Conditional Verdicts and Future Proceedings
   • The SC ruled that verdicts for those eligible for leniency must result in their release, while others remain incarcerated.
   • Implementation of all verdicts depends on the resolution of the constitutional case, expected by January.

Broader Implications

This case highlights the evolving dynamics between military and civilian judicial systems in Pakistan. The pending decision will not only shape the future of military courts but also influence discussions around constitutional amendments and fundamental rights.