The Ministry of Defence informed the top court on Tuesday that those accused of orchestrating the riots on May 9 could face trial in military courts, setting the stage for significant legal proceedings.
The Ministry of Defence’s counsel, Khwaja Haris, informed the Constitutional Bench (CB) of the top court that the alleged masterminds of the May 9 conspiracy would be tried in military courts.
Khwaja Haris made this statement during his arguments before the CB, headed by Justice Aminud Din, in the military courts case, in response to a question. For the first time, the Ministry of Defence revealed which court would hear the case against the alleged masterminds of the May 9 incidents. The Pakistan Army has consistently emphasized that justice will only be served when those responsible for orchestrating the events are held accountable.
One of the CB’s members, Justice Hassan Azhar Rizvi, observed that the people entering the Corps Commander House in Lahore on May 9, 2023, represented a security breach. “How did the people reach the corps commander’s house without any weapons?” Justice Rizvi asked, terming the incident a security failure. He further questioned whether an army officer had been tried for their involvement in the events on May 9. The counsel responded negatively.
Justice Rizvi, however, stressed the nexus between the alleged masterminds and the burglars. Justice Jamal Khan Mandokhail and Justice Musarrat Hilali consistently asked how civilians could be tried in military courts. The counsel for the Ministry of Defence was also asked why the accused were specifically tried in military courts instead of anti-terrorism courts, and what the procedure was for categorizing which cases should be referred to either military courts or anti-terrorism courts.
During the hearing, the counsel contended that the charge against the individuals was for damaging property. However, Justice Mandokhail, while questioning the jurisdiction, said that the court wanted to understand the circumstances under which a civilian was tried under the Army Act. “The extent to which you are expanding the scope of the Army Act means anyone can be tried under it,” said Justice Mandokhail.
The counsel said that the prosecution of civilians is not a novel development, emphasizing that the legal framework has been in place since 1967. He further stated that even during peacetime, civilians who involve themselves in military matters would be subject to trial in military courts.
Justice Azhar highlighted that the FB Ali case unfolded during a period of civil martial law, raising concerns about the potential existence of a mastermind behind the alleged conspiracy. In response, counsel Haris confirmed that any identified masterminds or conspirators would indeed face trial in military courts.
During the hearing, Justice Rizvi underscored the necessity of maintaining order, questioning whether there had been any resistance when military installations were compromised. In defense, the Ministry of Defence's counsel said that utmost restraint had been exercised during the confrontations to prevent loss of life.
Justice Mandokhail questioned the theft of a soldier's rifle, asking where such a case would be adjudicated. Haris responded that as a soldier's combat weapon, the stolen rifle's case would be managed accordingly. Justice Hilali further inquired about a scenario in which a civilian steals a soldier's rifle for financial gain without the intent to disarm the armed forces. Haris reiterated that the trial's jurisdiction would be determined by the specific circumstances of each case.
Justice Muhammad Ali Mazhar remarked on the Official Secrets Act and its delineation of crimes under military court jurisdiction. Justice Hilali pointedly noted that some protesters from May 9 and 10 may have been unaware of their involvement in the chaos. The Ministry's lawyer confirmed that individuals lacking awareness of their actions were not subjected to military court trials. The court adjourned the hearing until tomorrow (Wednesday).