The Supreme Court of Pakistan has ruled that convicts sentenced by military courts must be granted the right to appeal, directing the government to legislate within 45 days.
The judgment was authored by Justice Aminuddin Khan, spanning 68 pages, while Justice Muhammad Ali Mazhar added a 47-page supplementary note. Justices Aminuddin Khan, Hasan Rizvi, Musarrat Hilali, and Shahid Bilal endorsed the note, while Justices Jamal Mandokhail and Naeem Afghan wrote dissenting opinions.
In the verdict, the court allowed military trials under intra-court appeals but ruled that convicts of military courts must be given the right to file independent appeals. It directed the government to enact legislation within 45 days to enable convicted citizens to approach the high courts.
The court observed that the constitutional response to military trials was not to strike down provisions of the Army Act entirely, but to ensure citizens have an effective appellate forum. It noted that while the Army Act contains basic procedures, it lacks a clear appeal mechanism for civilians.
During hearings, the Attorney General repeatedly sought time to consult the government regarding the right of appeal. The verdict also mentioned that during the May 5 hearing, the Attorney General stated that if the court directed, legislation could be introduced in Parliament. He assured the court that the order would be taken seriously and necessary legislation would follow.
