In a landmark ruling, Pakistan's Supreme Court has declared the trial of civilians in military courts as null and void, citing constitutional rights for a fair trial. A bench of five judges led by Chief Justice Gulzar Ahmed delivered the verdict on the controversial issue, which has been a subject of intense debate in the country.
The decision implies that all convictions of civilians by military courts are now void, marking a significant turn in the country's judicial history. The ruling is expected to impact several cases, including those related to terrorism.
The military courts were established in Pakistan after the horrific Peshawar school attack in 2014 as a means to expedite the trial process for terrorism-related cases. These courts have been criticised for their opacity and for violating the rights of the accused to a fair trial.
"This is a landmark judgement for the rule of law and constitutionalism in Pakistan," said Saroop Ijaz, a lawyer with Human Rights Watch in Pakistan. "Military courts have been a blot on Pakistan's judicial landscape for far too long."
According to the data released by the Pakistan government, since their inception in 2015, the military courts have convicted 344 people, most of them alleged terrorists, and sentenced 58 to death.
| Year | Convictions | Death sentences |
|---|---|---|
| 2015 | 12 | 10 |
| 2016 | 76 | 12 |
| 2017 | 96 | 14 |
| 2018 | 84 | 12 |
| 2019 | 54 | 8 |
| 2020 | 22 | 2 |
Despite the criticism, supporters of the military courts argue that they are necessary to deal with the exceptional security situation in the country. They claim that civilian courts are often too slow and are vulnerable to intimidation, making military courts a more effective tool in the fight against terror.
The Supreme Court's decision is expected to trigger a significant debate on the future of judicial proceedings in Pakistan. It raises important questions about the balance between the demands of security and the fundamental right to a fair trial.
As Pakistan grapples with the implications of this ruling, it is clear that the debate on the role of military courts in the nation's judicial system is far from over.
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