SC restores Army Act, allows military trials for civilians

Islamabad: The Supreme Court (SC) Constitution Bench, while delivering its verdict in a trial case of civilians in a military court, restored the Army Act in its original form.

The court, while accepting the appeals of the Ministry of Defense and others, declared the October 23 decision of the Supreme Court null and void and restored Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act.

The SC referred the matter to the government to grant the right to appeal against the decision of the military courts and ordered that the government should enact legislation within 45 days to provide for the right of appeal, while amendments should be made to the Army Act to provide for the right of appeal in the High Court.

The SC delivered the verdict by a ratio of five to two. The majority decision-makers included Justice Aminuddin, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, Justice Hassan Azhar Rizvi, and Justice Shahid Bilal, while Justice Jamal Mandokhel and Justice Naeem Akhtar Afghan dissented from the verdict.