The Pakistan Supreme Court has issued a ruling declaring military trials for civilians as unconstitutional, marking a significant victory for democracy, as experts describe it. This decision by Pakistan Supreme Court , issued on Monday, comes after the government announced that it would try more than 100 individuals detained during protests that erupted following the arrest of the former Prime Minister, Imran Khan, in May, in military courts.
This move had drawn widespread criticism from human rights organizations, which expressed concerns about the fairness of the military court process. Amnesty International pointed out the historical lack of transparency, disregard for due process, and coerced confessions associated with military tribunals.
The recent decision by the Supreme Court not only signifies the relocation of these cases to civilian tribunals but also allows other civilians who were previously found guilty in military courts to initiate the appeal process.
Aitzaz Ahsan, a lawyer for the Pakistan Tehreek-e-Insaf (PTI), which filed the legal challenge against military proceedings, hailed the verdict as highly significant, emphasizing its role in fortifying the constitution, law, and civilian institutions in the country. Other legal experts similarly praised the “courageous” decision, describing it as entirely correct and in alignment with the constitution.
Petitioners
Notably, Imran Khan himself was one of the petitioners in this case. Khan, who faced ouster in a no-confidence vote the previous year, currently contends with multiple cases that he perceives as politically motivated. On Monday, he faced a fresh indictment for leaking classified documents.
In the context of Pakistani politics, the military plays a prominent role, sometimes intervening through military coups and, at other times, exerting influence behind the scenes. Although many analysts contend that the military facilitated Imran Khan’s election victory in 2018, his relationship with the military has since deteriorated as he shifted from being an ally to becoming one of its most vocal critics. Consequently, the military’s popularity has waned over time.
Imran Khan’s arrest in May triggered nationwide protests, some of which turned violent, with many demonstrators targeting military installations, holding the military responsible for Khan’s downfall. Numerous arrests followed, targeting senior leadership within the PTI, ultimately resulting in their departure from the party.