Asim Munir Gets Shot In The Arm, Pakistan SC Clears Military Trials For Protesting Civilians

On Wednesday, Pakistan's Supreme Court upheld the legality of trying civilians in military courts, thereby paving the way for the prosecution of individuals involved in the violent protests of May 9, 2023.

Supporters of the Pakistan Tehreek-e-Insaf (PTI) had staged forceful demonstrations in response to the arrest of Imran Khan, allegedly targeting military establishments during the unrest.

Photo Credit: AP/PTI

A seven-member constitutional bench, presided over by Justice Aminuddin Khan, convened to examine several intra-court appeals challenging the court's earlier ruling from October 2023, which had barred the military from trying civilians.

The case arises from the events of May 9, 2023, when PTI supporters were involved in violent protests, following which over 100 individuals were placed in military custody for prosecution.

The petitioners had filed review applications seeking the reversal of the judgment that had prevented civilians from being tried under military law. Following the conclusion of hearings, the court reserved its decision on Monday.

Delivering a 5-2 majority verdict, Justice Aminuddin issued a 10-page summary order, allowing the appeals and authorising the military trials of civilians connected to the 9 May attacks.

However, he directed the government to amend the Army Act within 45 days to enable individuals convicted by military courts to appeal their sentences in a high court.

Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the majority ruling, rejecting the appeals in a separate opinion and supporting the prior decision that deemed military trials of civilians unconstitutional.

Previously, on October 23, 2023, a five-member bench had ruled by a 4-1 majority that the military trial of civilians was unconstitutional.

While the bench unanimously agreed that the cases concerning the 9 May suspects should be handled in civilian criminal courts, the majority also struck down Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Pakistan Army Act, 1952.

In contrast, Wednesday's verdict by the constitutional bench reinstated these provisions of the 1952 Army Act.

During the course of the hearings, military courts sentenced 85 PTI activists to rigorous imprisonment terms ranging from two to ten years.

(With PTI inputs)