ISLAMABAD: The Supreme Court released its written verdict on intra-court appeals against military trials, directing the government to legislate within 45 days to provide citizens convicted by military courts the right to an independent appeal.
The judgment noted that while the Army Act contains a basic framework, there is no adequate forum of appeal available for ordinary citizens. The Court emphasized that new legislation must ensure free and independent appeals through the High Courts for those convicted by military courts.
The written decision recalled that on May 7, a constitutional bench of the Supreme Court had accepted the intra-court appeals and overturned the earlier five-member bench ruling that had struck down military trials.
Justice Amin-ud-Din Khan authored the 68-page judgment, with an additional 47-page note penned by Justice Muhammad Ali Mazhar, which was endorsed by Justices Amin, Hasan Rizvi, Musarrat Hilali, and Shahid Bilal. However, Justices Jamal Mandokhail and Naeem Afghan recorded dissenting notes.
Justice Amin-ud-Din Khan stated: “Although the Army Act includes formal due process protections, the absence of an independent right of appeal to a civilian court makes its application to civilians constitutionally incomplete. The provisions themselves are not unconstitutional, but this gap must be addressed through legislation.”
The court also reiterated that while peaceful protest and assembly are protected rights, violence, destruction of property, and attacks on military installations cannot be justified under the guise of fundamental freedoms. The May 9–10 incidents, it noted, posed serious threats to national security and required a firm but lawful response.
The verdict also highlighted that during the hearings, the Attorney General repeatedly sought time to obtain government instructions on the right to appeal. At the final hearing on May 5, the Attorney General stated that if the Court issued directions, Parliament could proceed with legislation, assuring that any such judicial order would be taken seriously.
