In a momentous ruling, the Supreme Court (SC) on Wednesday allowed civilians accused in the May 9, 2023 riots — triggered by the arrest of former Prime Minister Imran Khan — to be tried in military courts.

“The legal fate of some 103 individuals facing military trials remained in limbo from December 2023 till Tuesday, a period of about a year and a half,” noted Dawn’s editorial today.

The 5-2 verdict by the Constitutional Bench overturns an earlier ruling that had declared military trials of civilians null and void, and restores key sections of the Pakistan Army Act (PAA) that allow military jurisdiction over certain civilian offences.

The bench not only overturned that decision but also restored three contentious provisions of the PAA that had previously been struck down. It also directed the government to introduce legislation within 45 days to ensure that civilians tried in military courts are granted the right to appeal their sentences in a high court.

However, the decision was not unanimous — the two dissenting judges, Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan — declared military court convictions “without jurisdiction” and unconstitutional. Rights groups and leaders of Pakistan Tehreek-i-Insaf (PTI) have likewise decried the ruling, citing concerns over due process.

The legal fraternity has weighed in too, warning that the judgment threatens the right to a fair trial and chips away at civilian justice system.

Lawyer Basil Nabi Malik criticised the SC’s verdict, calling it “as shambolic as it was hurried”. He added, however, that the ruling was unfortunately expected. “As many are saying out........

© Dawn Prism