ISLAMABAD, September 23, 2025 — The Supreme Court has urged parliament to urgently introduce a clear right of appeal for civilians tried in military courts, stressing that this safeguard is vital for ensuring transparency and fairness.
Justice Aminuddin Khan, in his 68-page detailed judgment, said the absence of an independent appeal mechanism to civilian courts leaves the Pakistan Army Act (PAA) 1952 “constitutionally incomplete.” He asked parliament to step in and pass the necessary amendments within 45 days.
Supreme Court in it’s detailed judgement has again urged the government and Parliament to undertake the necessary amendments or enact suitable legislation in the Pakistan Army Act, 1952, and allied rules within a period of 45 days to provide an independent right of appeal in the… https://t.co/atuo0ba1PZ pic.twitter.com/pjIty6aHuh
— Hasnaat Malik (@HasnaatMalik) September 22, 2025
A Call for Legislative Action
Justice Khan explained that while the Army Act already provides due process safeguards, it lacks a fundamental element — an appeal to civilian courts. Without this, he noted, the trials of civilians under military law cannot be considered fully compliant with constitutional guarantees of justice.
“A fair trial demands that the forum be impartial, transparent, and subject to independent review,” Justice Khan wrote, emphasizing that only parliament can fill this gap through legislation.
He further clarified that the court’s role is to interpret laws, not legislate, and therefore the responsibility now rests with lawmakers.
Background of the Case
On May 7, 2025, a seven-judge Constitutional Bench had restored key provisions of the Pakistan Army Act, enabling the trial of civilians involved in the May 9, 2023 attacks on military installations. The ruling overturned an earlier October 2023 order that had struck down these provisions.
The May 7 decision reaffirmed that military trials, when conducted within their legal limits and supported by safeguards, did not violate the principle of fair trial. Justice Khan said that the attempt by the earlier bench to “read down” clear constitutional provisions was more akin to legislation than judicial interpretation.
Justice Mazhar’s Note: Not a New Debate
In his concurring note, Justice Muhammad Ali Mazhar reminded that military trials of civilians for specific offences under the PAA are not a new phenomenon. He observed that these provisions had existed for decades with the silent approval of successive parliaments and the Supreme Court.
He pointed out that the debate gained prominence only after the May 9 incidents, which brought military jurisdiction over civilians into sharp public focus.
The Constitutional Context
Justice Khan highlighted that:
- Article 8(3)(a) of the Constitution exempts laws relating to the Armed Forces from the purview of fundamental rights.
- Article 245 empowers the Armed Forces to act in defense of Pakistan and in aid of civil authority, establishing a parallel legal regime for military discipline.
He stressed that this framework does not violate the separation of powers, as military courts operate in a defined space without replacing the role of civilian courts.
What Comes Next?
The Supreme Court has now left the matter to parliament, with a clear timeline of 45 days for amendments to provide an appeal mechanism in High Courts.
Legal experts believe that such a move would not only strengthen public trust in justice but also balance military discipline with constitutional rights.
The ball is now in parliament’s court — to bridge this legal gap and ensure that Pakistan’s justice system continues to uphold both national security and citizens’ rights.
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