Islamabad: The Supreme Court of Pakistan has issued a majority decision to restore the original provisions of the Army Act. A five-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order.
According to the verdict, the provisions of the Army Act – Section 2 (1) (d) (i), Section 2 (1) (d) (ii), and Section 59 (4)—which were declared unconstitutional on October 23, 2023, have now been restored. The Supreme Court overturned that decision.
The court held that though the events of May 9 are punishable, the right to a fair trial and appeal is a fundamental constitutional right of every citizen, protected under Article 10-A of the Constitution. The court made it clear that the sentences handed down by the military courts would be subject to appeal in the High Court.
During the hearing, the Attorney General also acknowledged the right of free appeal, assured the government of legislation, and also referred to a court decision.
The verdict said there was no question of suspension of fundamental rights under Article 233 of the Constitution, and according to the Attorney General, the May 9 attacks were among the darkest moments in the country’s history.
The court directed that the summary judgment be sent to the Attorney General, the Secretary General of the National Assembly, the Secretary of Law and Justice, the Secretary of Defense, and the Law and Justice Commission for implementation.
Two judges of the bench – Justice Jamal Mandokhail and Justice Naeem Akhtar Afghan – dissented with the decision.
The Supreme Court, while allowing the petitions of the Ministry of Defence and other appellants, restored the contentious provisions and held that the government should enact legislation to grant the right of appeal against the decisions of the military courts within 45 days.
A detailed decision will be announced later.
