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SC annuls decision against civilian trials in military courts | The Express Tribune

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The Supreme Court of Pakistan on Wednesday reinstated the Pakistan Army Act in its original form, overturning its October 23, 2023 decision that had declared certain provisions of the law unconstitutional.

In a majority 5-2 verdict, the apex court upheld the appeals filed by the Ministry of Defence and others, restoring clauses previously struck down, including Sections 2(1)(d)(i), 2(1)(d)(ii), and 59(4) of the Army Act. 

Justices Aminuddin Khan, Muhammad Ali Mazhar, Musarrat Hilali, Hasan Azhar Rizvi, and Shahid Waheed backed the verdict, while Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented from the judgment.

The majority judgment has urged the parliament to make necessary amendments in Pakistan Army Act within 45 days in order to provide independent right of appeal to military courts convicts in the high court.

A detailed written judgment will be released at a later date.

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