May 9 riots: Top court allows civilian trial in military court by five-to-two majority

The Supreme Court of Pakistan has overturned the October 2023 ruling by a five-member bench that had barred the military from trying civilians under the Pakistan Army Act in connection with the May 9 violence.

A larger seven-member bench of the apex court, headed by Justice Aminuddin Khan, accepted intra-court appeals challenging the earlier verdict that had declared the military trials of civilians unconstitutional. The new ruling effectively sets aside the previous decision by a majority of five to two.

Five of the seven judges ruled in favour of the appeals, while Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan dissented.

According to the short order, the court stated that the earlier judgment declaring military trials of civilians unconstitutional “stands nullified.”

Following the arrest of former prime minister Imran Khan on 9 May 2023, protests erupted nationwide and turned violent. Protesters attacked military installations and public buildings. After the arrests of those involved, the government announced its intent to try them in military courts.

This move was challenged in the Supreme Court, which in October 2023 ruled the decision unconstitutional.

The government then filed intra-court appeals, which have now been upheld by the larger bench.