ISLAMABAD: The Supreme Court of Pakistan has reinstated the Pakistan Army Act in its original form, effectively nullifying its earlier ruling from October 23, 2023. The decision came through a 5-2 majority verdict, with Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissenting.
The apex court allowed appeals filed by the Ministry of Defence and other petitioners, restoring the previously struck-down provisions of the Army Act, specifically Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4). These clauses had earlier been declared unconstitutional and without legal effect.
A short order issued by the court stated:
“[…] the Court, by majority (4 to 1), declared that clause (d) of subsection (1) of Section 2 of the Pakistan Army Act, 1952 (in both of its sub clauses (i) & (ii)) and subsection (4) of Section 59 of the said Act are ultra vires the Constitution and of no legal effect.”
However, the court has now overturned that declaration and reinstated the clauses.
The bench also addressed the ongoing legal process concerning individuals charged in connection with the May 9 and 10, 2023, unrest. It declared that approximately 103 civilians—and any others similarly placed—must be tried in criminal courts of competent jurisdiction under ordinary or special laws, rather than by military tribunals.
Among the majority were Justices Aminuddin Khan, Muhammad Ali Mazhar, Musarrat Hilali, and Hasan Azhar Rizvi. A detailed judgment is expected to follow.
Chief Justice of Pakistan Yahya Afridi dissented from the majority on the reinstatement of the contested clauses but agreed with the decision to shift the trials of May 9–10 accused to regular criminal courts.
In a related move, the court has instructed the government to legislate within 45 days to ensure a statutory right of appeal against military court verdicts. It also called for amendments to the Army Act, allowing such appeals to be heard by high courts.
