ISLAMABAD: The Supreme Court on Monday issued a detailed judgement on intra-court appeals against military trials, observing that while the Army Act provides a basic framework, it lacks a proper appellate forum for civilians. The apex court directed the government to enact legislation within 45 days to ensure an independent right of appeal.
The constitutional bench had earlier allowed the intra-court appeals on May 7, setting aside the five-judge verdict that nullified military trials. Justice Aminuddin Khan authored the 68-page judgement, with a 47-page concurring note by Justice Muhammad Ali Mazhar, endorsed by Justice Hasan Rizvi, Justice Mussarat Hilali and Justice Shahid Bilal. However, Justice Jamal Mandokhail and Justice Naeem Afghan penned dissenting notes.
In its ruling, the court granted those convicted by military courts the right to appeal and directed the government to legislate within the stipulated time to formalise this right. The court clarified that its intent was not to strike down the Army Act in its entirety, but stressed that civilians convicted under it must have access to independent appeals in high courts.
The judgement recorded that during hearings, the Attorney General repeatedly sought time to obtain government instructions on the right of appeal. Even in the final hearing on May 5, he stated that legislation could be enacted if directed by the court, assuring that the government would take the order seriously.
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The court further held that without an independent appellate mechanism, the Army Act remains constitutionally incomplete for civilians. It emphasised that legislative intervention was necessary to address this gap, since military trials have been kept outside the framework of fundamental rights.
The bench also underscored that military trials must adhere to the standards of fair trial under Article 10-A. It clarified that such trials are not inconsistent with the principle of separation of powers, adding that Article 175(3) does not negate the existence of military courts. The earlier five-member bench erred in concluding otherwise, the judgement stated.
