SC orders govt to legislate appeal rights for military trial convicts within 45 days

ISLAMABAD: The Supreme Court of Pakistan has issued its written judgment in the government’s intra-court appeals regarding military trials, upholding the legality of such trials while granting convicted citizens the constitutional right to appeal, ARY News reported.

The constitutional bench had earlier, on May 7, accepted the government’s appeals and overturned the five-member bench decision that had declared military trials unconstitutional.

Justice Aminuddin Khan authored the 68-page verdict, with Justice Muhammad Ali Mazhar adding a 47-page concurring note. Justices Aminuddin Khan, Hasan Rizvi, Musarrat Hilali, and Shahid Bilal agreed with the decision, while Justices Jamal Mandokhail and Naeem Afghan wrote dissenting opinions.

According to the detailed judgment, convicts sentenced by military courts must be granted the right to appeal before high courts. The court directed the government and parliament to enact legislation within 45 days to provide this right of appeal.

The verdict emphasized that while the Army Act already contains procedural rules, the absence of an independent appeal forum for civilians makes the framework constitutionally incomplete. It further noted that military trials should adhere to the standards outlined in Article 10-A of the Constitution, which guarantees the right to a fair trial.

The court observed that provisions of the Army Act cannot be entirely struck down, as Article 175(3) of the Constitution does not negate the existence of military courts. It, however, clarified that appropriate legal reforms are necessary to ensure due process for civilians tried under military law.

The judgment recalled that during the hearings, the Attorney General repeatedly sought time to obtain government instructions on the matter of appeal rights. Even during the final hearing on May 5, he stated that if the court issued directions, legislation could be initiated in parliament. The court noted that the government has assured that its directives will be taken seriously.

Concluding the matter, the Supreme Court ruled that while military courts can conduct trials, the government must immediately legislate to provide convicted citizens with an effective and independent right of appeal.

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