ISLAMABAD: The Supreme Court of Pakistan has reinstated the Pakistan Army Act in its original form and declared its earlier verdict from October 23, 2023, null and void.
The apex court delivered the verdict with a 5-2 majority. Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented.
The court approved the appeals filed by the Ministry of Defence and other parties. It also restored the previously nullified clauses of the Army Act, specifically Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4).
The majority judges included Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Musarrat Hilali, and Justice Hasan Azhar Rizvi. The Supreme Court said that a detailed judgement will be issued later.
The matter of granting the right to appeal against military court verdicts has been referred to the government. The court has directed the government to legislate within 45 days to ensure the right of appeal.
The court has ordered amendments to the Army Act to allow appeals in high courts against decisions of military courts.
