ISLAMABAD: The defence ministry’s lawyer, Khawaja Haris, informed the Supreme Court’s Constitutional Bench that the alleged masterminds and conspirators of the May 9 “conspiracy” would be tried in military courts.
The bench, including Justices Aminuddin Khan, Naeem Akhtar Afghan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan, is hearing a case pertaining 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.
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 Haris, who appeared as the defence ministry’s lawyer, in response to a question, said that trials 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 asked 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, [means] anyone can be tried under it,” he said.
At the outset of the hearing today, the defence counsel presented the example of Sheikh Liaquat Hussain’s case as a civilian being tried under the military court.In response, Justice Mandokhail said that what needed to be ascertained was under what circumstance a civilian could be tried in the military court.
“The trial for stopping an army officer from doing their job by incitement will be carried out under the Army Act,” Haris said, adding that the SC had ruled in the past that post-retirement, army personnel were to be considered civilians.
