Islamabad, May 7, 2025: The Supreme Court of Pakistan on Wednesday set aside an earlier judgment that had declared the military trials of civilians unconstitutional, reinstating the government’s authority to prosecute suspects in military courts under the Pakistan Army Act.
A seven-member larger bench, headed by Justice Aminuddin Khan, announced the long-awaited reserved verdict in response to a series of intra-court appeals filed by the federal government and others. In a 5–2 majority decision, the bench overturned the October 2023 ruling by a five-member bench that had barred the trial of civilians in military courts in connection with the May 9, 2023 violence.
“The earlier judgment stands nullified,” the short order stated, thereby allowing military courts to proceed with the trials of civilians accused of attacking military installations during the May 9 unrest.
The verdict marks a significant legal reversal and has reignited debate over the constitutional limits of military jurisdiction. The bench had earlier reserved its judgment after hearing extensive arguments from the Attorney General for Pakistan (AGP) and counsel representing the petitioners opposing military trials.
The intra-court appeals were filed under Article 184(3) of the Constitution, with the government contending that the military trials were justified given the nature and severity of the alleged offences — including attacks on the Corps Commander House in Lahore, the General Headquarters (GHQ) in Rawalpindi, and other sensitive military sites.
The original October 2023 judgment had ruled such trials unconstitutional, asserting that civilians are entitled to be tried in civilian courts with full guarantees of due process under Article 10-A of the Constitution. That decision was widely lauded by human rights organisations and legal experts, who argued that military trials lack transparency and fair trial safeguards.
However, the federal government maintained that the unprecedented nature of the attacks on military assets during the May 9 protests constituted acts against national security and military discipline, warranting prosecution under the Pakistan Army Act.
The May 9 unrest erupted following the arrest of former Prime Minister and PTI Chairman Imran Khan, sparking countrywide protests that escalated into violence and vandalism, particularly targeting military and government property. In the aftermath, dozens of civilians were arrested, and the government announced its intent to try them in military courts.
The detailed judgment, which will explain the legal reasoning behind the reversal, is expected in the coming days.
