Pakistan’s Supreme Court has allowed military courts to try civilians. This decision gives more power to the country’s military, especially to General Asim Munir, who is currently facing public criticism and rising tensions with India.

The ruling came on May 7, when a seven-judge constitutional bench of the court, led by Justice Aminuddin Khan, gave a 5-2 verdict. The court reversed an earlier decision from October 2023, which had said that military courts could not try civilians. That earlier judgement had been celebrated by many as a protection for democracy and civilian rights.

But now, the new judgement allows civilians involved in the May 9, 2023, anti-army protests to be tried in military courts. These protests happened after former Prime Minister Imran Khan was arrested, a move that many believed was planned by the army chief, General Munir.

According to the news agency PTI, lakhs of supporters of Imran Khan's party — Pakistan Tehreek-e-Insaf (PTI) — stormed military facilities in protest. The police arrested nearly 1,000 supporters. In 2024, PTI also claimed that hundreds were picked up without proof. Reuters had reported that many were forcefully detained without any legal case.

The court also brought back three sections of the Pakistan Army Act, 1952, which had been removed in 2023. This makes it easier now for the military to legally charge civilians for protest actions.

Several law enforcement agencies and the Pakistan government had appealed against the 2023 verdict. The new ruling from the top court supports their appeals and gives a legal green light for military trials.

PTI calls it an unfair decision to silence voices

The Pakistan Tehreek-e-Insaf (PTI), the main opposition party led by Imran Khan, strongly opposed the court’s latest decision. They said it gives even more power to General Munir to silence those who speak against him or the military.

Omar Ayub Khan, a Member of Parliament from PTI, said the ruling was a "weaponised decision". He pointed out that it was announced at a time when the government was talking about unity. “The decision has been given on a day when the purportedly installed regime and the establishment want to build national cohesion,” he said, as quoted by Dawn. He also linked the timing of the decision with India’s Operation Sindoor, saying that it was not just a coincidence.

Another PTI leader, Haleem Adil Sheikh, who is the party's chief in Sindh province, said the court ruling during such a tense time was done “deliberately”. “Dropping the military court's verdict amid a war-like situation is a deliberate move to mask injustice,” he said.

Reena Omer, a South Asia legal advisor for the International Commission of Jurists, also criticised the decision. She wrote on X that the ruling was “terrible, though perhaps expected”. She added, “A pity the highest court of the land is on board with such militarisation of justice in the country.”

Timing helps Munir as situation with India heats up

This Supreme Court decision has come at a time when General Asim Munir is facing criticism from within Pakistan and is also involved in strong war-like statements against India.

After the April 22 terror attack in Pahalgam, Jammu and Kashmir, in which 26 people died, India launched Operation Sindoor targeting terror camps in Pakistan and Pakistan-occupied Kashmir. Pakistan tried to respond with missiles and drones, but Indian defence systems stopped them.

Before the attack, General Munir had made very strong comments. He talked about the “two-nation theory” and said there were deep “differences between Hindus and Muslims”. He also said that Kashmir is Pakistan’s “jugular vein”. Later, he warned India of a “swift, resolute, and notch-up response” if India carried out any military action.

Analysts believe Munir is trying to use the India-Pakistan tension to distract from his falling popularity inside Pakistan, especially in Balochistan and Khyber Pakhtunkhwa. With the court now backing military trials for civilians, Munir can deal with dissent more easily, without worrying about legal limits.

 

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