Law: Pakistan Army Act, 1952

Section: 8(3)(a)

Summary of Order

The Supreme Court, through Justices Jamal Khan Mandokhail and Naeem Akhter Afghan (dissenting), dismissed the appeals challenging the constitutionality of military trials for civilians. Their order sets out detailed constitutional and legal grounds for this dissent, focusing on the incompatibility of such trials with fundamental rights, judicial independence, and international obligations. The majority of the bench, however, upheld the constitutionality of such trials, but this order reflects the dissenting view.

Core Points

Nature of the Pakistan Army Act (PAA):

The PAA is a disciplinary law meant for members of the armed forces to ensure discipline and proper discharge of duties.