Global InformationMilitary Courts case information
| Jawwad S. Khawaja v. Federation of Pakistan | |
|---|---|
 | |
| Court | Supreme Court of Pakistan |
| Full case name | Jawwad S. Khawaja v. Federation of Pakistan Aitzaz Ahsan v. Federation of Pakistan[1] |
| Decided | October 23, 2023 |
| Citation | PLD 2024 SC 337 |
| Case history | |
| Appealed to | Supreme Court of Pakistan (intra-court appeal; larger bench) |
| Subsequent actions | Ruling challenged by federal and provincial caretaker governments. A larger bench suspended the original verdict by a majority of 5-1. |
| Ruling | |
| Trial of civilians by court martial are declared unconstitutional; all ongoing trials by military courts are set aside; Brigadier F. B. Ali v. The State is distinguished. | |
| Court membership | |
| Judges sitting |
|
| Case opinions | |
| 3 | |
| Majority | Munib Akhtar, joined by unanimous bench |
| Concurrence | Ayesha A. Malik, Yahya Afridi |
| Dissent | Yahya Afridi to the extent of striking down § 2(1)(d) of the Pakistan Army Act, 1952 and distinguishing F. B. Ali |
| Laws applied | |
| Articles 8(3), 8(5), 10A, 175(3) and 184(3) of the Constitution; § 2(1)(d) of the Pakistan Army Act, 1952 | |
Jawwad S. Khawaja v. Federation of Pakistan, PLD 2024 SC 337 (commonly referred to as the military courts case), is a landmark decision by the Supreme Court of Pakistan in which it was held that the Constitution of Pakistan does not allow for the court-martial of civilians.
The case concerned the constitutionality of military courts set up to try protestors accused of involvement in the May 9 riots that ensued from the arrest of former prime minister Imran Khan.[2] The Supreme Court was petitioned in its original jurisdiction by lawyer Aitzaz Ahsan and retired chief justice of Pakistan Jawwad S. Khawaja; arguments before the Court proceeded from June to October 2023.
On 23 October 2023, the Court issued a unanimous decision striking down ongoing trials by military courts and, by a majority of 4-1, held that § 2(1)(d) of the Pakistan Army Act, 1952 enabling such trials was unconstitutional.[3] It also held that the accused 103 persons would be tried by civilian courts under ordinary criminal law. The decision was widely hailed by legal experts, human rights groups, and civil society as 'brave' and 'truly historic'.[4]
The judgment was challenged by federal and provincial caretaker governments before a larger bench, in the first appeal of its kind under the newly passed Practice and Procedure Act, 2023. Whereas the original bench had been formed by outgoing chief justice Umar Ata Bandial, the formation of the appellate bench by his successor Qazi Faez Isa was controversial and deemed violative of the Procedure Act by the head of the original bench, Ijaz-ul-Ahsan.[5] The new bench was headed by Justice Sardar Tariq Masood, whose inclusion was objected to as he had opposed the same petitions earlier.[6][7]
On 13 December 2023, the new bench suspended the earlier ruling by a 5–1 majority, stating that the trials of civilians would continue in military courts.[8]
The Supreme Court (SC) provisionally permitted military courts to issue their pending decisions on the trials of civilians.This matter was addressed during intra-court appeals by a six-member Supreme Court bench led by Justice Aminuddin Khan, challenging the trial of civilians in military courts.The bench also included Justices Muhammad Ali Mazhar, Hasan Azhar Rizvi, Shahid Waheed, Musarrat Hilali, and Irfan Saadat Khan.[9]
- ^ "Supplementary Cause List 324 of 2023" (PDF). Supreme Court of Pakistan. 26 June 2023. Retrieved 26 June 2023.
- ^ Dawn.com (26 June 2023). "Lieutenant general among 3 sacked as part of army's self-accountability into May 9 incidents: DG ISPR". DAWN.COM. Retrieved 26 June 2023.
- ^ Iqbal, Nasir (24 October 2023). "SC strikes down 'military justice' for civilians". Dawn.
- ^ Cite error: The named reference
reactionwas invoked but never defined (see the help page). - ^ ul-Ahsan, Ijaz (11 December 2023). "Letter to the Secretary of the Committee constituted under Section 2 of the Practice and Procedure Act" (PDF). Supreme Court of Pakistan.
- ^ Sigamony, Terence J. (12 December 2023). "Military courts, SJC notices: Judge objects to constitution of benches". Brecorder. Retrieved 8 January 2024.
- ^ Rashid, Sohail (12 December 2023). "Ex-CJP objects to inclusion of Justice Tariq in bench hearing military court appeals". Samaa News. Retrieved 9 January 2023.
- ^ Bhatti, Haseeb (13 December 2023). "May 9 riots: SC suspends verdict nullifying military trials of civilians pending final ruling". DAWN.COM. Retrieved 8 January 2024.
- ^ "SC conditionally allows military courts to announce reserved verdicts on civilians' trials". Dunya News. 28 March 2024. Retrieved 1 April 2024.