In a short ruling, the Supreme Court (SC) on Wednesday reinstated the original form of the Pakistan Army Act, overturning its earlier verdict from October 23, 2023, which had declared the trial of civilians in military courts unconstitutional.

The court accepted a set of 38 intracourt appeals filed by the federal and provincial governments as well as Shuhada Forum Balochistan, among others, against the October 2023 ruling of the apex court that had declared that trying the accused civilians in military courts was in violation of the constitution.

The case was heard by a sevenmember constitutional bench comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali and justice Shahid Bilal Hassan.

The decision was issued with a 52 majority, with Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissenting. The court restored the previously annulled clauses of the Army Act-specifically Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4).

The court directed the federal government to amend the Pakistan Army Act within 45 days to allow the right of appeal in high courts against military court verdicts.

The case pertains to the military trials and the subsequent sentencing of civilians for their role in attacks on army installations during the riots that erupted after the arrest of former Prime Minister Imran Khan on May 9, 2023.