In a controversial ruling with far-reaching implications for Pakistan’s democracy, the Supreme Court of Pakistan has reinstated the military’s authority to try civilians in military courts — a move seen as dramatically strengthening General Asim Munir, Pakistan’s powerful but increasingly unpopular army chief, amid surging tensions with India.
The landmark May 7 verdict, delivered by a seven-judge constitutional bench led by Justice Aminuddin Khan, overturned a previous ruling that had declared such trials unconstitutional. The 5-2 split decision restores three critical provisions of the Pakistan Army Act, 1952, clearing the way for the military to prosecute civilians linked to the May 9, 2023 anti-army protests.
A Victory for Munir, a Blow to Civilian Democracy
This legal shift hands General Munir a much-needed political win as his popularity plummets following growing unrest in Balochistan, Khyber Pakhtunkhwa, and across Pakistan. Analysts warn the decision could embolden the military establishment to further clamp down on dissent, amid allegations of political repression and human rights violations.
The protests in question erupted after the arrest of former Prime Minister Imran Khan, leader of the Pakistan Tehreek-e-Insaf (PTI). Tens of thousands of PTI supporters took to the streets, storming military facilities in what was seen as a rare and direct challenge to army dominance. Nearly 1,000 civilians were arrested in the subsequent crackdown, many without formal charges or trials, according to Reuters.
Opposition and Legal Experts Slam Supreme Court Decision
The ruling triggered swift backlash from Pakistan’s opposition and international legal observers. Omar Ayub Khan, PTI leader and Member of Parliament, slammed the judgment as a “weaponised decision” aimed at silencing critics during a time of national crisis. Haleem Adil Sheikh, PTI’s Sindh chief, called the verdict “deliberate and deceptive”, especially in light of the ongoing India-Pakistan tensions following India’s Operation Sindoor.
Reena Omer, South Asia legal advisor at the International Commission of Jurists, condemned the court’s decision as a “terrible though perhaps expected” outcome, accusing Pakistan’s judiciary of legitimizing the militarisation of justice.
“A pity the highest court of the land is on board with such militarisation of justice,” Omer wrote on X (formerly Twitter).
Rising Regional Tensions Amplify Fallout
The timing of the verdict could not be more critical. It follows India’s precision strikes on terror infrastructure in Pakistan and Pakistan-occupied Kashmir on May 8, under Operation Sindoor, in retaliation for the April 22 Pahalgam terror attack that killed 26 Indian civilians. In the aftermath, Pakistan launched a barrage of drones and loitering munitions against Indian military targets, most of which were intercepted by India’s formidable air defence systems.
Amid this high-alert atmosphere, General Munir has resorted to provocative rhetoric, invoking the two-nation theory and branding Kashmir as Pakistan’s “jugular vein”, while warning of a “notch-up response” to India’s military actions. Analysts believe this dog-whistling is designed to rally radical elements and deflect from Munir’s faltering domestic position.
Milestone or Misstep? Pakistan at a Crossroads
The Supreme Court’s decision to allow military trials of civilians has thrown Pakistan’s democratic aspirations into question. While the military remains the most powerful institution in the country, this ruling marks a sharp departure from constitutional civilian oversight. Observers warn it could set a dangerous precedent, legitimising martial authority over civilian freedoms, especially in times of political unrest.
As India and Pakistan continue to edge closer to confrontation, the implications of an emboldened military in Islamabad — unshackled from judicial scrutiny and empowered to crush dissent — could shape the future of South Asian stability.
