The Supreme Court has ruled that the act of two male soldiers having consensual sex in a private space is not punishable under the Military Criminal Act.

In an en banc decision issued on Thursday, the top court revoked a previous ruling that found the two soldiers guilty of violating the Military Criminal Act and sent the case back to the High Court for Armed Forces.

The top court said the current regulations do not apply to this case as it is difficult to say that such sexual acts directly and substantially violated military discipline as it transpired voluntarily in a private space.

The two men, a first lieutenant and master sergeant, previously received suspended sentences for violating Clause 92 of the Military Criminal Act which seeks a maximum prison sentence of two years for soldiers of the same gender who engage in sex or other indecent acts.

In a news conference held after the court ruling, the Center for Military Human Rights described the ruling as a new precedent that actively addresses discrimination against sexual minorities in the military and violations of soldiers’ privacy.

The center then expressed hope that the Constitutional Court will swiftly rule Clause 92 of the Military Criminal Act unconstitutional to provide an opportunity for sexual minorities in the military to regain their honor and dignity after being charged under the clause due to unfair discrimination.