ISLAMABAD: The Supreme Court has decided that although while the Army Act offers statutory protections for due process, the lack of an independent right of appeal in civilian courts makes it unconstitutional when applied to civilians.
The Supreme Court’s constitutional bench approved civilian trials in military courts in May 2025. The Supreme Court issued the decision with a 5-2 majority in a brief order. Justices Naeem Akhtar Afghan and Jamal Khan Mandokhail dissented.
The case concerns the military trials and punishment of civilians involved in attacks on army sites during the riots that followed the arrest of Imran Khan, the founder of the Pakistan Tehreek-e-Insaf (PTI), on May 9, 2023.