Govt mulls military courts appeal law

The federal government has begun consultations on a piece of legislation to grant ordinary citizens the right to appeal against trials in military courts, reliable sources revealed.

On May 7, 2025, a seven-member constitutional bench of the Supreme Court, in a majority verdict, upheld the military trials of those accused in the May 9 cases and also restored the relevant provisions of the Pakistan Army Act, 1952 — provisions that had been voided by an SC bench in October 2023.

The court ruling further stated that parliament must legislate within 45 days to ensure that ordinary citizens facing court-martial proceedings are given the right to freely appeal before high courts.

Former chief justice of Pakistan Jawwad S Khawaja, who is also a party in the main case, later filed a contempt petition against Prime Minister Shehbaz Sharif, arguing that no legislation had been passed to grant the right of appeal in violation of the court order.

A highly reliable source told The Express Tribune that the government has now initiated consultations to provide the right of appeal to civilians convicted by military courts.

According to sources, after the consultation process, a bill will be introduced to give the right of appeal before high courts. The ruling coalition now holds a two-thirds majority in parliament.

The civil and military leaders of the country decided to refer cases of over 100 people who allegedly took active part in attacking military installations in the wake of former prime minister Imran Khan's first arrest from the premises of the Islamabad High Court (IHC) on May 9, 2023.

The PTI and a number of other petitioners including ex-CJP Khawaja approached the Supreme Court against trial of civilians in military courts and a SC full-court on October 23, 2023 not only declared these trial illegal by a majority vote but also annulled some provisions of the Pakistan Army Act, 1952.