Islamabad, May 7, 2025 — In a landmark decision, the Supreme Court’s Constitutional Bench (CB) has given the green light for civilians involved in the May 9, 2023 riots to be tried in military courts. The ruling, delivered by a majority of 5-2, came after reviewing intra-court appeals filed by the federal and provincial governments and other stakeholders, challenging a previous verdict that deemed such trials unconstitutional.
The May 9 riots erupted following the arrest of former Prime Minister Imran Khan, with widespread attacks on military installations. Military courts had sentenced several civilians involved in these attacks, but the October 2023 ruling had declared the trials unlawful, a decision now overturned by the Constitutional Bench.
The bench, led by Justice Aminuddin Khan, ruled in favor of reinstating key sections of the Pakistan Army Act (PAA) that allow military trials for civilians accused of offenses related to defense and military installations. The ruling also directed the government to amend the PAA within 45 days, ensuring convicted individuals the right to appeal their sentences in a high court.
However, the decision was met with dissent from Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan. The two judges issued a separate opinion, affirming that military trials violate constitutional protections, including the right to a fair trial and equality before the law. They argued that military courts, part of the executive branch, do not have the authority to try civilians.
The October 2023 ruling, led by Justice Ijazul Ahsan, had previously struck down sections of the PAA, including those allowing military trials for civilians involved in military-related offenses. Today’s ruling restores these provisions, emphasizing the need to maintain security and accountability in the face of attacks on army installations.
The decision has sparked widespread debate, with critics including political parties and international bodies like the United States, the UK, and the EU, who have raised concerns about the fairness and legality of military trials for civilians.
In the wake of the ruling, military courts have already sentenced dozens of civilians involved in the May 9 riots, with sentences ranging from two to ten years. The Constitutional Bench’s majority ruling has set the stage for potential legislative changes to ensure the rights of those tried in military courts, while the dissenting opinion calls for a transfer of these cases to civilian courts for a fair trial process.
