The Supreme Court of Pakistan has reinstated the Pakistan Army Act in its original form, reversing its earlier October 23, 2023, decision that had struck down some of its provisions as unconstitutional. In a 5-2 majority verdict, the top court accepted appeals submitted by the Ministry of Defence and others. The Court brought back Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Act.
Justices Aminuddin Khan, Muhammad Ali Mazhar, Musarrat Hilali, Hasan Azhar Rizvi, and Shahid Waheed supported the decision. Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented. The court ordered Parliament to amend the law within 45 days to allow military court convicts to independently appeal in high courts. The court will issue a detailed written judgment later.
This ruling follows the court’s December 13, 2024, verdict, which conditionally allowed military courts to announce reserved verdicts. After that, military courts sentenced many civilians for their involvement in the May 9 riots.
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On December 21, military courts sentenced 25 civilians to prison for attacking military installations during the May 9 unrest. Sentences ranged from two to ten years. In the days that followed, courts convicted 60 more civilians on similar charges and handed them comparable prison terms.
On January 2, 2025, the military granted mercy to 19 convicts by accepting their petitions on humanitarian grounds. This decision provided some relief to those individuals.
By restoring the Army Act and calling for amendments, the court has reignited debate about trying civilians in military courts. The expected legal changes may influence how the justice system handles such cases in the future.
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