Peshawar High Court Affirms Right to Hear Military Court Sentence Appeals

In a landmark ruling on July 13, 2025, the Peshawar High Court (PHC) declared its authority to hear writ petitions from individuals convicted by military courts, rejecting the federal government’s objections. This decision, stemming from appeals linked to the May 9, 2023, riots, grants convicts the right to challenge their sentences and access court martial records. This article explores the ruling’s implications, the legal arguments, and its significance for Pakistan’s judicial landscape.

The PHC’s verdict, delivered by Justices Wiqar Ahmad and Sadiq Ali Memon, addresses petitions from nine convicts, including Raheemullah, sentenced to 10 years’ rigorous imprisonment by the Field General Court Martial (FGCM) in Kohat for their alleged role in the May 9 protests following Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan’s arrest. The petitioners argued their trials under the Pakistan Army Act (PAA) of 1952 lacked transparency, with no access to charge sheets or verdicts, violating their right to a fair trial under Article 10-A of the Constitution. “The Supreme Court has suggested amending the PAA to recognize High Courts as appellate forums,” said Barrister Amirullah Chamkani, the petitioners’ counsel, as reported by The Express Tribune, highlighting the court’s constitutional jurisdiction under Article 199.

The federal government contended that military court decisions were final, but the PHC dismissed this, affirming that convicts are entitled to judicial oversight. The court also addressed the non-provision of FGCM records, noting that Rule 130 of the Pakistan Army Act Rules (PAAR) guarantees access to proceedings upon payment, a right denied to petitioners, per Dawn. This ruling challenges the military’s judicial autonomy, particularly in cases tied to civilian protests, which petitioners claim were civil offenses, not security threats.

For Pakistan, this decision signals a push for accountability in military tribunals, often criticized for opaque processes. It empowers citizens to seek redress through civilian courts, reinforcing constitutional protections. However, with the 40-day appeal window under the PAA expired, as noted by the PHC, the path to justice remains complex. As tensions over the May 9 cases persist, this ruling could reshape the balance between military and civilian authority.