The military tribunals in Pakistan have long been trying civilians accused of terrorism, and the sentences have varied from grant of clemency via mercy petitions to rigorous imprisonments and in some cases, death penalties. Military dictator Ayub Khan formalised the system of military trial of civilians in 1967 by inaugurating s.2(1)(d) and s.59(4) into Pakistan Army Act 1952. These sections stipulate the condition under which civilians are to be dealt under the military law. Following this, a retired brigadier F.B. Ali was given a life sentence by a military court for attempting to overthrow Zulfiqar Ali Bhutto. The apex court dismissed his appeal against his life sentence in 1975 under a 5-member bench. This decision was later cited as a precedent in Jawwad Khawaja v. Federation of Pakistan, and it subsequently became the basis of an extensive judicial discussion. Since 2015, Pakistan is the only country in South Asia to allow military courts to try civilians.

The military tribunals continued giving decisions during the military regime of Zia ul Haq. The Nawaz Sharif government of Sindh set up military tribunals to adjudicate on the assailants of provincial governor Hakim Said in 1988. In Liaquat Hussain v Federation of Pakistan the military tribunals were struck down on the ground of unconstitutionality and illegitimacy. The deadly 2014 terrorist attack on school children in Peshawar left authorities in a frenzy. To dispense quick justice to the masterminds of APS massacre, the 21st constitutional amendment was passed which called for the trial of terrorists by military courts. Although this was a sunset clause of the amendment, only applicable for two years, but the duration of applicability of this clause was extended for a further of two years ending only in 2019. The 21st amendment was challenged by the joint petitions of Hamid Khan and Asma Jehangir in District Bar Association v Federation of Pakistan (2015). This petition was dismissed by 11-6 majority.

From January 2015 till 2016 military sentenced at least 144 civilians for involvement in terrorism related offences. 140 out of these 144 people were given death sentences while 12 people from amongst them have been hanged. Furthermore, 4 civilians have also been given sentences of life imprisonment. A total of 135 out of these 144 people who have been convicted by military courts have reportedly ‘confessed’ to their crimes. The military courts in Pakistan have the highest confession rate at about 94% according to a 2016 report by the ‘International Commission of Jurists’. Several reasons have been tied to this. Firstly, the suspects remain in military custody even after their confessions have been recorded by magistrate. In 2010, certain detainees accused of terrorism were kept in internment centres located in Pakistan’s former Federally administered Tribal Areas before they admitted to their crimes in the military courts.

It is also pertinent to discuss the crimes for which military in Pakistan conducts trial of civilians. Post amendments to Army Act and the adoption of 21st amendment, these are civilians who claim to or are known to belong to any terrorist group/organization, while using the name of religion or a sect. These people are involved in carrying out acts of violence and terrorism including attacks on military installations or personnel. People in possession of or those transporting firearms, explosives, suicide jackets etc can also undergo court martial. Individuals involved in designing vehicles for terrorist attacks and causing death/injury and instilling insecurity can also be tried by military tribunals. Similarly, civilians who wage war against the state are liable to be tried by military courts under the law of Pakistan.

Protest broke out throughout entire Pakistan following the arrest of former PM Imran Khan on May 9th, 2023.One hundred plus civilians were arrested in conjunction to the May 9 riots. It was decided that their trials will be conducted by military courts. The constitutional bench of Supreme Court henceforth gave its decision on December 13th, 2024. It was decided by a 5-1 majority that the civilians of May riots will be tried by the military. The court held that 85 out of the 100 plus civilians are to be tried under military law. However, this military trial was conditional. It was also clarified that those civilians who can be accorded concessions in their sentences should be given those concessions.

The military courts gave their verdict considering the Supreme Court’s December 13th order. The Inter-Services Public Relations (ISPR) promulgated this verdict on December 26th, 2024. Field General Court Martial announced the punishments of 60 individuals involved on May 9 riots out of a total of about 85 who were to be tried under military law in accordance with the decree issued by Supreme Court. These ranged from two to ten-year rigorous imprisonments. Two out of these sixty individuals are retired army officers. Pakistan army announced sentences of 25 of these 85 convicts on December 21st 2024.

All these convicts retain the right to appeal, and other legal recourses as guaranteed under the constitution of Pakistan. The suspects who cannot be released are to be moved to jails once their sentences have been delivered. Around 67 of the convicts presented clemency appeals in the military tribunal. Such appeals of about 19 of these individuals have subsequently been approved on humanitarian grounds. ISPR also conveyed that these sentences were given after due examination of all the provided evidence. Cross-examination was also duly performed by the lawyers. They also ensured the provision of legal remedies for suspects. These civilians had the right to council of choice besides presenting their witnesses.