Pakistan’s highest court announced on Monday that military trials of civilians are unconstitutional. This ruling provides relief for the dozens of individuals currently on trial for ransacking military installations during protests in May. The protests occurred following the arrest of former Prime Minister Imran Khan.
Concerns were raised about the fairness of the process when the government initially announced its intention to use military courts to try the suspects. However, the Supreme Court issued a short order stating that proceedings under the Army Act would hold no legal weight. As a result, the trials of the 103 people involved will be transferred to civilian criminal courts.
The suspects have been in custody since May, and petitioner Aitzaz Ahsan, a prominent lawyer and former minister, described the court’s decision as a victory for democracy.
During the protests, hundreds of supporters of Imran Khan stormed military and government installations, even resorting to setting a general’s house on fire. Khan, who accused the military of attempting to assassinate him, denied any connection to the attacks, while the military claimed that Khan’s party leaders had ordered the unrest to provoke political instability and prompt early elections.
The use of military courts drew widespread condemnation both in Pakistan and internationally, as some lawyers argued that these courts do not adhere to the same standards of evidence and due process as regular courts.
The Army Act of 1952 in Pakistan established military courts primarily to try military personnel or enemies of the state. These courts operate under a distinct system separate from regular courts.
The decision to utilize military courts was made by the government of Imran Khan’s rival, Shehbaz Sharif. However, Sharif completed his term in August, and a caretaker government has taken over to oversee the upcoming election scheduled for January.
Reporting by Gibran Peshimam; editing by Bernadette Baum and Andrew Cawthorne
