SC decision sparks controversy over military law trials for civilians.

The Supreme Court of Pakistan ruling a day earlier seemingly contradicts previous decisions concerning the trial of civilians under military law. This move has elicited strong reactions, given the potential implications for national security and justice, according to some legal analysts and observers.

Historically, under the Pakistan Army Act of 1952 and 1967, thousands of civilians have faced military trials. The country's top court, in its previous judgments, upheld these proceedings. Notably, in 2015, 11 justices validated civilian trials in military courts. However, this latest decision might pave the way for the accused rioters of the May 9 incident to escape the stringent military laws. Critics argue that this could lead to their easy release, given the perceived weaknesses in Pakistan's criminal procedure.

A significant concern is about the precedent this ruling has set. Incidents like the attacks on GHQ Rawalpindi, Corps Commander House Lahore, PAF Base Mianwali, and several other military installations have historically been addressed by military courts due to the gravity of the crimes. The list of offences from the May 9 incident alone is extensive. The decision has raised eyebrows internationally too. Both the Supreme Court of Pakistan and the International Court of Justice have recognized verdicts under the Army Act as adhering to due process in the past.

Critics warn that this judgment might embolden...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT