Overview

• In a detailed judgment, the court directed the government and Parliament to legislate within 45 days to create an independent right of appeal for civilians convicted by military courts.
• As an interim measure, civilians convicted by court martial may petition High Courts to review due process and evidentiary sufficiency.
• The ruling reaffirmed limited Army Act provisions allowing certain civilian trials tied to offences like luring soldiers from duty and Official Secrets Act violations.
• A 4–2 majority authored by Justice Amin‑ud‑Din Khan, with a supplementary note by Justice Muhammad Ali Mazhar, cited Article 10A and ICCPR Article 14 to underscore appellate safeguards.
• The bench rejected claims that military courts are barred by Article 175(3), noting their distinct jurisdiction, and recorded the attorney general’s indication that legislation could be introduced.