Defence ministry lawyer Advocate Khawaja Haris on Tuesday told the Supreme Court’s Constitutional Bench, hearing the case of military trials of civilians, that the “masterminds” who hatched what he described as the May 9 conspiracy would also be tried under the Army Act in military courts.
The case pertains to the military trials — and recent sentencing — of civilians for their role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9, 2023.
The seven-judge constitutional bench is headed by Justice Aminuddin Khan and also includes Justices Afghan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan.
In recent hearings, SC judges have questioned why the accused were “specifically” tried in military courts instead of anti-terrorism courts, with Justice Mandokhail observing that “the executive cannot play the role of judiciary”.
A day ago, Justice Hilali wondered whether the Pakistan Army Act (PAA) 1952 outlined any punishment for officers who suspend the Constitution.
During today’s hearing, Advocate Khawaja Haris appeared as the defence ministry’s lawyer and — in response to a question — said that the trial of the conspirators and masterminds would also be held in the military courts.
While continuing his arguments from yesterday, the defence ministry lawyer presented Sheikh Liaquat Hussain’s case as an example of a civilian being tried in military court.
Justice Rizvi questioned whether an army officer was tried for their involvement in the events on May 9.
“How did the people reach the corps commander’s house without any weapons,” he asked, terming the intrusion a “security failure”.
In his response, the lawyer said that the charge on the people was for damaging property, adding that no military personnel was tried in the events that unfolded in 2023.
However, Justice Mandokhail said that the court wanted to see the circumstances under which a civilian was tried in the Army Act, questioning its jurisdiction.
“The extent to which you are expanding the scope of the Army Act, then anyone can be tried under it,” he said.
The hearing was adjourned till tomorrow.
On December 13, the SC’s constitutional bench conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were in custody for their alleged involvement in the May 9 riots in 2023.
On Dec 21, military courts sentenced 25 civilians to prison terms ranging from two to 10 years for their involvement in the attacks. Days later, another 60 civilians were handed jail terms of a similar period over the matter.
On January 2, the mercy petitions of 19 accused were accepted on humanitarian grounds, while 48 other pleas have been processed to Courts of Appeal.
The sentencing of civilians by military courts was not only condemned by the PTI, but the United States, the United Kingdom and the European Union also raised concerns, saying the move contradicted international laws.
More to follow
