The Supreme Court of Pakistan on Monday ordered the federal government to legislate within 45 days to provide civilians convicted by military courts the legal right to appeal within the civilian judicial system, Aaj News reported.
In a detailed written decision by Justice Amin‐ud‐Din Khan, the court affirmed that while the foundational provisions in the Army Act exist, there is currently no adequate forum for appeals by civilians against verdicts delivered by military courts.
A five‐judge bench’s decision from military trials was declared void during the Intra‐Court Appeal (ICA) petition held on 5 May, in which the bench found that civilians do not have proper access to appeal mechanisms under existing law.
Supreme Court allows civilian trials in military courts
Justice Amin‐ud‐Din Khan’s majority opinion (joined by Justices Hassan Raza‐Vi, Musarrat Hilali and Shahid Bilal) holds that while the Army Act provides some regulatory framework, its appellate mechanism is constitutionally incomplete for civilians due to the lack of a designated civilian appeal tribunal.
The court emphasized that trials conducted in military courts must adhere to the standards of Article 10A of the Constitution, which guarantees fair trial and due process.
It rejected the notion that Article 175(3) (which deals with jurisdiction of courts) prohibits military courts, but made clear that the current system violates rights guaranteed to civilians.
Comments
Comments are closed for this article.