On 20 December, law enforcement resorted to using excessive force, including tear gas, batons, and water cannons, against peaceful demonstrators participating in the women-led "Baloch Long March." Protesters were demonstrating against the persistent repression and human rights violations in the province of Balochistan, specifically in relation to extrajudicial killings and enforced disappearances.  Home to a two-decade long Baloch nationalist insurgency (a low-intensity conflict) and about 5 per cent of Pakistan’s population, the region accounts for 2,752 of the 10,078 enforced disappearances an independent commission has recorded nationwide since 2011.  On 21 December 2023, authorities arrested more than 300 activists in Islamabad. The crackdown was widely criticized by human rights organizations, eventually leading to the detainees’ release. However, a significant number of activists remain in police custody with cases filed against them, according to Amnesty International and various rights groups.

Sources: Dawn, VOA News, The Express Tribune, Amnesty International

On 13 December, the Supreme Court (SC) ruled that military trials for civilians can resume. This follows a prior ruling in October 2023, which had declared the civilian military trials null and void. The new order upheld a set of intra-court appeals (ICAs) filed by various government ministries, requesting a larger bench of judges to review the prior ruling. The defence ministry's counsel argued that that the previous ruling lacked clarity on which parts of the Constitution and Army Act were deemed unconstitutional, emphasizing the possibility of civilian military court trials for crimes pertaining to the military. At least 103 civilians are currently facing military trials under the Army Act, following the 9 May riots over former Prime Minister Imran Khan’s arrest. However, the Court clarified that military courts could not issue a final verdict without SC approval. Rights experts have previously condemned the use of such courts to try and persecute civilians, with the Lahore High Court Bar Association strongly condemning the SC’s latest decision.

Sources: The Express Tribune, International IDEA, Andalou Agency

Pakistan initiated a nationwide crackdown on foreign nationals it deemed illegal residents, declaring 1 November as the deadline for nearly 2 million unregistered Afghans to leave the country. The deportation policy has widely been criticized by human rights groups and the UN, citing concern that those forcibly returned face Taliban persecution and a humanitarian crisis, particularly acute for vulnerable groups like women, girls, and minorities. On 27 November, Human Rights Watch reported that Pakistani authorities have committed widespread abuse in compelling Afghan nationals to leave, including ill-treatment, arbitrary arrests and detention, and destruction of property and identity documents.

Sources: Human Rights Watch, Dawn, BBC News, International Crisis Group, OHCHR

Following months of uncertainty, the Election Commission of Pakistan (ECP) agreed to hold general elections on 8 February 2024. The announcement comes after the Supreme Court ordered the commission and president to agree on a date in response to several court challenges questioning the delay. The polls were originally delayed past the 90-day stipulated period after the dissolution of parliament on 9 August to allow time to redraw constituency boundaries based on the latest census. However, some political observers suspect the delay had more to do with the political crisis that has ensued since Prime Minister Imran Khan's no-confidence vote in 2022. Nonetheless, the move has been welcomed by major political parties as a positive development toward stability in Pakistan.

Sources: The Express Tribune, Dawn, Financial Times, Nikkei Asia

On 23 October, Pakistan's Supreme Court ruled that military trials for civilians are unconstitutional, marking a victory for the country's justice system. The decision follows the government's plan to try at least 102 civilians in military courts following the 9 May protests over former Prime Minister Imran Khan's arrest, which triggered condemnation from human rights groups. The cases will now shift to regular courts, potentially allowing other civilians convicted by military courts to appeal. Legal experts have praised the "courageous" verdict for upholding fair process and preventing military injustice in the future.

Sources: Dawn, BBC News, International IDEA

On 11 October, Pakistan's Supreme Court upheld and affirmed the constitutionality of the SC (Practice & Procedure) Act, enacted in April 2023. The law mandates a committee of senior judges to assemble benches for constitutional matters and suo motu notices (decisions taken by the court on its own initiative). The Court's ruling rejected petitions challenging the law on the grounds that it curtailed the Chief Justice's powers in taking such actions in an individual capacity. However, the new law will not be applied retrospectively or allow for parliamentarians previously disqualified under suo moto actions to appeal. Law experts have noted that the verdict safeguards an independent judiciary as well as places a significant “check against the potential for a rogue.”

Sources: Dawn, Andalou Agency, International IDEA, The Express Tribune, The Friday Times 

On October 23, a Pakistani court formally charged ex-Prime Minister Imran Khan and his deputy under the Official Secrets Act for allegedly disclosing state secrets through a classified cable in 2022. Khan is currently battling 150 legal cases against him, including a graft case barring him from the upcoming parliamentary election pending a retrial. Khan now faces disqualification from the election and a 14-year prison term or even the death penalty if convicted in the Official Secrets Act case. Concerns have been raised by Khan's lawyers regarding the closed-door nature of the trial, with Khan maintaining that the charges are politically motivated. 

Sources: The Diplomat, The Associated Press, Dawn, Reuters

On 15 September, the Supreme Court (SC) approved a petition filed by Imran Khan, the Chairman of Pakistan Tehreek-e-Insaf (PTI), challenging recent amendments to the National Accountability Bureau (NAB) law. The Court's decision effectively nullified amendments to accountability laws enacted the previous year, deeming them to be contrary to the Constitution. These amendments had imposed restrictions on the anti-corruption agency, preventing investigations into cases involving amounts below 500 million Pakistani rupees. Consequently, previously closed cases with amounts less than 500 million PKR will be reopened and undergo re-examination. In complying with the SC order, NAB has revived 81 corruption cases, implicating influential political figures who were suspected of exploiting the legal amendments for their benefit.

Sources: Dawn, Anadolu Agency, The Express Tribune, Supreme Court of Pakistan

Pakistani officials have resumed granting ID cards to transgender individuals after a four-month pause due to a contentious May ruling by the Federal Shariat Court (FSC) against parts of the 2018 Transgender Persons (Protection of Rights) Act. The National Database and Registry (NADRA) has stated that, as the FSC verdict is under review by Pakistan's Supreme Court, they are constitutionally obligated to issue ID cards while awaiting a final decision. LGBTQIA+ advocates and rights experts have welcomed NADRA's move.

Sources: Dawn, The Associated Press, International IDEA

Pakistan's outgoing government enacted four new laws before handing over to a caretaker administration who will oversee the next general elections. Critics and rights experts argue the bills were hastily passed without due deliberation. These include the Pakistan Army (Amendment Act), penalizing sensitive security information disclosure; the Official Secrets (Amendment) Bill, enhancing intelligence agencies' powers; and the Personal Data Protection and E-Safety Bills, restricting media access to detailed personal information - especially of government officials. The former two bills also propose penalties that include jail sentences for defaming the military amid concerns about military involvement in civilian trials. Similarly, the latter two raised worries about government control over social media, potential press freedom limitations, and access to government data. The legality of the former two bills, criticized for enhancing military powers, has further come into question after President Arif Alvi denied approving them, noting that he had "disagreed" with them and claiming that he had asked his staff to return the bills unsigned. He alleged that his staff had "undermined my will and command.”

Sources: Deutsch Welle, BBC News, Dawn, Nikkei Asia, Digital Rights Monitor, VOA News

Former Prime Minister Imran Khan, who was sentenced to three years in jail for graft in August, saw his conviction suspended by a Pakistani appeals court on 29 August. The decision allows him to contest the upcoming parliamentary election, pending a retrial. His conviction earlier led to disqualification by the Election Commission, barring him from running for public office for five years. Despite bail granted by the Islamabad High Court, Khan faces an additional week of detention for another case on allegedly revealing state official secrets. Khan has faced numerous charges over the past year, which he says are politically motivated. Khan's lawyers are now seeking a Supreme Court order to prevent further detention, with no date set yet to hear his petition.

Sources: The Diplomat, BBC News, Foreign Policy, Dawn

The Federal Shariah Court (FSC) ruled on 19 May that certain sections of the Transgender Rights Bill 2018 relating to the right to self-defined gender identity, among other rights, are contrary to Islamic principles. Activists and lawyers championing LGBTQIA+ rights have vowed to contest the ruling in the Supreme Court, with the FSC decision taking effect in six months unless successfully appealed. Incidents of transgender individuals struggling to officially register their gender on official documents since the ruling emerged in July. The 2018 bill is globally regarded as a progressive legislation advancing transgender rights, with rights experts noting that the FSC's verdict significantly hampers LGBTQIA+ rights progress in Pakistan.

Sources: The Express Tribune, The Diplomat, The Nation, Voicepk

Coverage of former prime minister Imran Khan has been banned on all news channels following the Pakistan Electronic Media Regulatory Authority’s (PEMRA) directive to "blackout" hate speech and persons involved in the 9 May riots, which had been directed toward the country’s military establishment and triggered by Khan’s arrest on corruption charges. Political analysts note that the ban is part of a wider trend of instituting politically motivated bans to crack down on voices critical of the state and military. Moreover, the National Assembly of Pakistan passed a resolution on 12 June demanding speedy action against 9 May rioters under the Army Act. According to a military spokesperson, at least 102 people are being tried through military courts due to their involvement in the protests under the purview of anti-terrorism legislation. Human rights groups have condemned the use of such courts to try and prosecute civilians.

Sources: Reuters (1), Foreign Policy, Dawn, NPR, Reuters (2), The Express Tribune

Former Prime Minister Imran Khan has been granted bail following his arrest on 9 May over cases relating to corruption charges. Khan's arrest set off nationwide protests against the country's military establishment, which included attacks on government buildings and military installations. The government deployed troops and arrested thousands of Khan supporters including members of the opposition for inciting violence, as well as blocked internet services in a bid to quell the unrest. Pakistani authorities further noted that those arrested will be tried before military courts - a move widely condemned by human rights groups. UN experts have urged the government to exercise restraint in upholding the right to a fair trial.

Sources: Dawn, Human Rights Watch (1), Amnesty International, Brookings Institution, The Diplomat, Human Rights Watch (2), United Nations

The Supreme Court on 4 April ruled the Election Commission's decision to delay snap provincial elections in Punjab until October unconstitutional and ordered that elections should go ahead. While former PM Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party welcomed the ruling, as Punjab is a PTI stronghold and Pakistan’s most populous province, Parliament rejected the ruling and accused the court of political bias. The government cited financial and security concerns in favour of postponing snap polls to October 2023. Critics, however, note that the decision to delay the polls comes as the government fears it will fare badly at the polls amid Khan’s rising popularity.

The move is part of a growing power struggle between the government and judiciary, which escalated further when Parliament passed a bill to limit the Chief Justice’s ability to take suo-motu notice (decisions taken by the court on its own initiative). That bill was passed into law on 21 April. Analysts note that the tensions between the judiciary and government highlight a growing governance crisis, wherein weakened state institutions and the trust deficit between different branches of government threaten to undermine the rule of law.

Sources: Dawn, Al Jazeera, Nikkei Asia, Voice of America, The Express Tribune, The Atlantic Council

A high court in Lahore on 30 March struck down a colonial-era sedition law that criminalises criticism of the federal and provincial government, citing that it is “inconsistent” with the Constitution. The decision has been lauded by free speech advocates, who remain hopeful the ruling will apply across the country unless overturned by the Supreme Court. The controversial sedition law has in recent years been used by successive governments to silence political opponents and journalists. It remains to be seen whether the Supreme Court will uphold or take up the lower court ruling.

Sources: Aljazeera, Pakistan Today

Human rights experts have denounced recent police brutality against supporters of former Prime Minister Imran Khan, who have been protesting attempts to arrest Khan. Protesters were allegedly dispersed using tear gas and batons, as well as detained under counter-terrorism laws. The violent clashes resulted in numerous members of Khan’s political party, Tehrik-I-Insaaf (PTI), being charged with terrorism-related offences following a confrontation outside an Islamabad courthouse on 18 March – although similar protests had been occurring for weeks without warranting similar charges. Police have been urged to respect the right to peaceful assembly, while all sides are being called on to exercise restraint. Similarly, a blanket ban issued on 8 March on all demonstrations in Lahore to suppress the protests, including the “Aurat” International Women’s Day March, has been roundly condemned as being overly broad and infringing on the right to peaceful assembly.

Sources: Human Rights Watch, Associated Press, Aljazeera, Dawn, Amnesty International

On 9 March, The Lahore High Court suspended the Pakistan Electronic Media Regulatory Authority’s (PEMRA) decision to ban all television channels from broadcasting speeches and press events by former Prime Minister Imran Khan. PEMRA’s ban was imposed on 5 March, with Khan accused of attacking state institutions and promoting hate speech. PEMRA’s decision marked the third time a ban had been imposed and then withdrawn on broadcasting Khan’s speeches. Rights organizations decried the move as infringing on the right to freedom of expression, with Amnesty International further noting that it is part of a larger trend where politically motivated media bans have become increasingly common.

Sources: Amnesty International, The Nation, Dawn