ISLAMABAD: Justice Hasan Azhar Rizvi of the Supreme Court termed the people who gained access to the Corps Commander House in Lahore on May 9, 2023 as a “breach of security”. “Did people enter the Corps Commander’s house on May 9? The people who entered the Corps Commander’s house really breached the security,” Justice Rizvi observed during the Supreme Court’s Constitutional Court hearing on Tuesday. A bench headed by Justice Amin-Ud-Din Khan was hearing internal appeals against the trial of civilians in military courts. However, on 13 December 2023, a six-judge panel of the Supreme Court – with Justice Musarrat Hilal dissenting from the majority – postponed its order until 23 October on petitions challenging it. The Supreme Court then opposed the December resolution again. However, following a recess, the Constitutional Court in December last year conditionally allowed military courts to hand down reserved verdicts on 85 civilians still in custody for their alleged involvement in the May 9, 2023 riots. The May 9 riots refer to violent protests sparked by the arrest of PTI’s founder in a corruption case, during which government facilities, including the headquarters, were also attacked. A military court therefore convicted all 85 accused last month, but a few days ago 19 convicts were pardoned after they applied for clemency. Hearing During the hearing, Khawaja Haris, counsel for the Ministry of Defense, said the trial of civilians was not a sudden development as the law had been in place since 1967. In FB Ali’s case, the prosecuted were retired individuals, he said, adding that even in peacetime, civilians interfering in military affairs would face trial in military courts. To this, Justice Azhar observed that it must be noted that FB Ali’s case took place during the civil martial law period. He asked if there was a mastermind behind the plot and who organized it. To this, Haris responded that the trial of the mastermind or conspirators would also take place in military courts. The judge was also investigating whether any military officers had been tried for their involvement in the events of May 9. He noted that people entered the Corps Commander’s building, which constituted a breach of security. The judge noted that it was necessary to open fire and questioned whether resistance was offered when military installations were damaged on May 9. In response, a Defense Department lawyer said the charges against the protesters were related to property damage. No military officer was charged in connection with the events of 9 May and total restraint was observed to avoid loss of life. Besides, Justice Jamal Khan Mandokhail raised the question, “Where would a soldier’s rifle be stolen, where would the case be tried? In response, Haris explained that the rifle is considered a soldier’s combat weapon. Justice Hilali joined the discussion and asked, “If a civilian steals a rifle for financial gain, with no intention of disarming the military, where would the trial take place?” To this, the defense attorney replied that jurisdiction would be decided by the circumstances of the case. Meanwhile, Judge Muhammad Ali Mazhar noted that the Official Secrets Act specifies which crimes fall under the jurisdiction of military courts. Judge Hilali also commented on the events of May 9 and 10, stressing that some of the protesters involved did not know what was happening. In response, the ministry’s lawyer specified that those who were unaware of their actions were not tried in military courts. Subsequently, the court adjourned until tomorrow (Wednesday) the hearing of internal appeals against civil trials in military courts.
