A Constitutional Bench of the Supreme Court of Pakistan on Monday issued a detailed verdict in the case whereby it had allowed trial of civilians in military courts. The Constitutional Bench of the Supreme Court had accepted the intra-court appeals on May 7. Earlier, the Supreme Court had declared the decision of five judges to end the military trial null and void. Justice Aminuddin Khan wrote the 68-page judgement. Justice Muhammad Ali Mazhar also wrote an additional note of 47 pages. Justice Amin, Justice Hassan Rizvi, Justice Musarrat Hilali and Justice Shahid Bilal agreed to the additional note. Justice Jamal Mandokhel and Justice Naeem Afghan wrote a dissenting note. The Supreme Court had allowed military trials in intra-court appeals. The Supreme Court had ordered to give right of appeal to convicted accused in military court. The government should enact legislation within 45 days to give right of appeal, the court said. The detailed verdict says that provisions of the Army Act cannot be declared null and void. The Army Act has basic provisions but it lacks a proper appeal forum for ordinary citizens, says the verdict. The verdict says that legislation should be made to give the accused convicted by military courts the right to appeal. During the case, the attorney general took time several times to seek government instructions on the right to appeal. At the last hearing on May 5, the attorney general also spoke about the right to appeal, saying that legislation can be made in Parliament on court’s instructions. The attorney general said that if the court gives instructions, they will be taken seriously.
Supreme Court Instructs Government to Enact Law Providing Appeal Rights to Military Court Sentences
