| Citation(s) |
|---|
| 2025 SLG 1315 2025 SLD 1315 = 2025 SCP 165 |
I.C.A. 5/2023 in C.P. 24/2023 &C.M.A.10534/2023
Justice Amin-ud-Din Khan, Senior Judge,Justice Jamal Khan Mandokhail,Justice Muhammad Ali Mazhar,Justice Syed Hasan Azhar Rizvi,Justice Musarrat Hilali,Justice Naeem Akhter Afghan,Justice Shahid Bilal Hassan
Law: Pakistan Army Act, 1952
Section: 2(1)(d)(i) & (ii)
Summary
The Supreme Court of Pakistan, by majority (5-2), has allowed the Intra Court Appeals (ICAs) and set aside the earlier judgment that declared certain provisions of the Pakistan Army Act, 1952—specifically, clause (d) of subsection (1) of Section 2 (both sub-clauses (i) & (ii)) and subsection (4) of Section 59—as unconstitutional (ultra vires). As a result, these provisions, which allow for the trial of civilians by military courts for certain offenses, are restored.
The Court ruled that the challenged provisions do not violate the Constitution, particularly the fundamental rights chapter, and that civilians accused of attacking military installations (notably during the events of 9th and 10th May 2023) can be tried by military courts under the Army Act. However, the right to a fair trial and due process, including the right to appeal, must be ensured.
Core Points
Restoration of Army Act Provisions