INTRODUCTION
Amid ongoing political tensions between India and Pakistan, the Pakistan Supreme court has taken such a step recently which is unthinkable in Indian law. It has backed Army Chief General Asim Munir in a 5-2 ruling. According to this ruling, civilians can be tried by Military Courts.
This can be seen as an empowerment of the military over the government in Pakistan. Pakistan has a history of various shifts in power among the military and government. This article studies the judgment and its implication. It will also study the impact on Indian-Pakistani rising tensions.
THE JUDGEMENT
Pakistan and India are violating the ceasefire line and are accusing each other of sending drones, jets and missiles into their mainland. Along with these tensions, the Pakistan Supreme Court has only added to it.
The court has ruled that civilians can now be tried in military courts. It overturned an October 2023 Judgement which said that the idea of civilians tried by military courts is unconstitutional. This bench was led by Justice Aminuddin Khan on 7th May 2025. So now, those civilians who are anti-Pakistani army can be tried at military courts. The court also reactivated 3 parts of Pakistan Army Act, 1952 which were struck down in 2023.
IMPACT OF THE JUDGEMENT
This judgement is another blow to democracy in Pakistan. Since there has been a long period of military rule in Pakistan since independence, such judgements seem to be controversial and negatively influencing. It has given ultra power to the Pakistan Army chief, which was the same position of dictatorship-like military rule in Pakistan. Often, it is thought to be the same position which is the reason for the standoff between India and Pakistan.
Some people opine that now India has to be mindful while dealing with the Army Chief.
RULING SLAMMED BY PTI
PTI has slammed this ruling and called it a “weaponised decision.” People from the National Assembly have said that this decision is intentionally given during the time when National Cohesion is wished to be built by today’s establishments. Some call it a deliberate attempt to give a mask to injustice.
ASIM MUNIR’S TAKE ON IT
Asim Munir gave a very inflammatory speech in presence of Pakistan PM Shehbaz Sharif, wherein he told Pakistani people to think and remember about their forefathers’ ideas and courage. He also held the view of the importance of learning about separation from India because of separation from Hindus.
CONCLUSION
There is confusion and rift between the government and military powers in Pakistan again due to recent judgement by the Pakistan Supreme Court. The Pakistani Army is into immediate cross-border aggression even when there is no mention of violation by the Prime Minister in recent Press releases after the violation of Re-ceasefire as mediated by the U.S.A.
The rising question is what impact can be seen due to this rift. Answers can be devastating. When a country gives its ruling powers to the Military, It gives power to use aggression and violence as a means to fight off enemies. Therefore, if this continues, India might have to face even a bigger military-political tension with Pakistan.
ABOUT THE AUTHOR
SAHIL YADAV, a law student at NLIU Bhopal, is a dedicated and passionate legal writer, who is keen to explore International law, Constitutional Law, Criminal Law, Forensic Psychology and publish research papers and articles on contemporary legal nuances and issues. He is also interested in the intersection of disciplines like history, psychology, political science, philosophy, and sociology with law.