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Supreme Court Orders 45-Day Law to Create Civilian Appeals From Military Courts

The detailed judgment conditions the trial of civilians under military law on a statutory right of appeal to ordinary courts.

Representational image of Madhya Pradesh High Court in Jabalpur | Madhya Pradesh High Court's website
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Overview

  • Citing a detailed majority opinion by Justice Amin-ud-Din Khan, the court directed Parliament to legislate within 45 days to provide an independent civilian appeal against military court convictions.
  • The judgment restored Pakistan Army Act Sections 2(1)(d)(i) and (ii) and 59(4), finding them not inherently unconstitutional but constitutionally incomplete without a civilian appellate forum.
  • Until Parliament acts, those convicted by military courts may approach High Courts to test due process compliance and evidentiary sufficiency.
  • The court said military courts, narrowly confined by statute, do not violate Article 175(3) on separation of powers and drew on Article 4 of the Constitution and ICCPR Article 14 to frame minimum fairness standards.
  • Separately, the Supreme Court Registrar returned petitions from five Islamabad High Court judges and a plea by Mustafa Nawaz Khokhar on the 26th Amendment, citing Article 184(3) admissibility defects and the Zulfiqar Mehdi precedent; Khokhar said he will appeal.