Pakistan's Supreme Court Mandates Legislation for Military Court Appeal Rights Within 45 Days
In a significant move for judicial fairness, Pakistan's Supreme Court has stepped in to protect the rights of civilians facing trials in military courts. On Monday, the court issued a directive to the federal government, requiring it to pass new legislation within the next 45 days. This law must establish clear appeal rights for those convicted under the Army Act by military tribunals.
The ruling came during a hearing that highlighted a critical flaw in the current system. While the Army Act provides a basic structure for trying civilians—often in cases involving national security or unrest—it falls short on ensuring a robust appellate process. Justices emphasized that without a dedicated forum for appeals, convicts are left without meaningful recourse, potentially violating fundamental rights to due process.
This decision builds on ongoing debates in Pakistan about the balance between military authority and civilian justice. Military courts have been used in high-profile cases, such as those stemming from the 2023 political unrest, where hundreds of civilians were tried under military jurisdiction. Critics have long argued that such trials bypass the independence of regular courts, raising concerns over fairness and transparency.
The court's order isn't just a procedural fix; it signals a broader push toward accountability in how justice is administered. By mandating legislation, the bench has given lawmakers a tight deadline to address these gaps, ensuring that future convictions come with the safeguard of appeal options—possibly through a specialized civilian appellate body or integration into the existing high court system.
As the government scrambles to draft and enact this law, the ruling underscores the judiciary's role in upholding constitutional protections amid evolving security challenges. For those affected by military court decisions, this could mark the beginning of real hope for second chances in their legal battles. For more details, read the original article on Aaj English.