Pakistan - October 2023

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