ISLAMABAD: Former Chief Justice of Pakistan, Jawwad S. Khawaja, has filed a petition requesting the Supreme Court to review its May 7, 2025, verdict on military trials of civilians.
He warned that the ruling, which allows military courts to try civilians, undermines judicial independence and cedes critical judicial space to the executive branch.
The petition argues that this decision threatens the fundamental rights guaranteed by the Constitution and could have lasting negative implications for Pakistan’s legal system.
Controversial May 7 Verdict and Legal Concerns
On May 7, a five-judge constitutional bench reinstated key provisions of the Pakistan Army Act (PAA) permitting military trials of civilians.
This overturned a previous 2023 ruling that had declared such trials unconstitutional, particularly in relation to civilians involved in the May 9, 2023 attacks on military installations.
The review petition highlights that the majority judgment failed to adequately consider the implications for civil judicial authority and fundamental rights, warning that the ruling allows executive overreach into civilian legal matters.
Constitutional Arguments and Judicial Responsibility
The petition emphasizes that the Supreme Court must uphold its duty to protect the Constitution and fundamental rights, which are the core of Pakistan’s legal framework.
It critiques the reliance on the District Bar Association (DBA) case and the 21st Amendment, noting that the latter’s sunset clause has expired, removing its protection for military trials of civilians.
The review plea stresses that allowing military courts to try civilians violates Article 10A of the Constitution, which guarantees fair trial rights, and urges the court to reconsider the ruling to preserve judicial integrity.
