The Supreme Court of Pakistan on Wednesday reinstated the Pakistan Army Act in its original form, overturning its October 23, 2023 ruling that had declared certain provisions of the law unconstitutional.
In a majority 5-2 verdict, the apex court upheld the appeals filed by the Ministry of Defence and others, restoring clauses previously struck down, including Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act.
Justices Aminuddin Khan, Muhammad Ali Mazhar, Musarrat Hilali, Hasan Azhar Rizvi, and Shahid Waheed backed the verdict, while Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the judgment.
The majority judgment has urged the parliament to make necessary amendments in Pakistan Army Act within 45 days in order to provide independent right of appeal to military courts convicts in the high court.
A detailed written judgment will be released at a later date.
Following a Supreme Court verdict on December 13, 2024, that conditionally permitted military courts to announce reserved verdicts, several civilians have been sentenced in connection with the May 9 riots.
Military courts handed down prison sentences to 25 civilians on December 21, with terms ranging from two to 10 years. These sentences were related to their alleged involvement in attacks on military installations during the May 9 unrest.
In the following days, an additional 60 individuals received similar prison terms after being convicted on comparable charges.
On January 2, 2025, the military announced that mercy petitions for 19 of the convicted individuals had been accepted on humanitarian grounds.
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