In a historic decision with far-reaching implications, the Supreme Court of Pakistan, on Monday, declared the military trials of civilians to be null and void. This momentous ruling is expected to impact thousands of individuals who have faced military trials, especially those connected to the incidents of May 9 and 10.
The apex court issued a short order after hearing pleas challenging the military trials of civilians linked to the riots that erupted in the aftermath of the detention of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on corruption charges.
A five-member bench of the Supreme Court, presided over by Justice Ijaz Ul Ahsan and including Justices Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi, and Ayesha Malik, meticulously examined the petitions submitted by PTI chief Imran Khan and others.
The majority verdict, supported by four judges, declared Section 2(1)(D) and Section 59(4) of the Pakistan Army Act 1952 to be unconstitutional. “It is hereby declared by Mr. Justice Ijaz ul Ahsan, Mr. Justice Munib Akhtar, Mr. Justice Sayyed Mazahar Ali Akbar Naqvi and Mrs. Justice Ayesha A. Malik, that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub-clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect,” the top court ruled.
This pivotal decision extends to the trial of approximately 103 individuals and all others who may find themselves in similar circumstances related to the events of May 9 and 10, 2023. The ruling explicitly states that all such individuals shall now be tried in criminal courts with jurisdiction, as established under ordinary or special laws pertaining to the offenses they are accused of.
The Supreme Court unequivocally declared, “It is further declared that any action or proceedings under the Army Act in respect of the aforesaid persons or any other persons so similarly placed (including but not limited to trial by Court Martial) are and would be of no legal effect.”
However, Justice Yahya Afridi has reserved his judgement concerning the sections of the Army Act declared unconstitutional. The ruling follows the Attorney General of Pakistan (AGP) Mansoor Usman Awan’s arguments on the authority and jurisdiction of military courts to try civilians under the Pakistan Army Act 1952. Notably, some of the accused were already undergoing military trials even before the Supreme Court’s decision.
While responding to the decision, Aitezaz Ahsan, Lawyer and former senator and petitioner in the case, stated that it would “strengthen democracy, the Constitution, and the justice system.” It is indeed a monumental step that reaffirms that no one, regardless of their position or authority, is above the law.
The decision of the Supreme Court makes it plain that civilian justice cannot and should not be delegated to the military. The outcome is more than a legal decision; it is a reaffirmation of the Constitution’s sanctity and the freedoms it protects.
Furthermore, this verdict sets a crucial precedent by revisiting praetorian laws that have remained unexamined for years, aligning the legal framework with constitutional principles. At a time when orders were openly flouted without significant consequences, this verdict begins to restore that confidence and assures the public that the judiciary can uphold the Constitution independently.
Not only this, the decision also stands as a testament to Chief Justice Qazi Faez Isa’s neutrality, affirming that the judiciary remains dedicated to the principles enshrined in the Constitution and is not swayed by the interests of the establishment or the government.
This verdict signifies an unprecedented development in Pakistan’s constitutional and judicial history. It defies historical patterns, advances the right to a fair trial, revisits praetorian laws, restores confidence in the judiciary, and bolsters the Supreme Court’s credibility. It is a resounding statement that the Constitution stands above all.
This ruling is fundamentally a reaffirmation of Pakistan’s values, not merely a legal decision. It defends the principles of equity, justice, and the inviolability of the Constitution. This landmark decision sets the stage for a future in which the rule of law is fundamental and the Constitution serves as the compass for justice, equality, and democracy.
