Pakistan

Lawyers oppose military trial of civilians

Amnesty International raises concerns over country’s decision to try May 9 rioters under the army act

Rana Yasif June 16, 2023

The accused were held a week after the incident, according to the court order, and were checked with the eyewitnesses for confirmation. PHOTO: FILE

LAHORE:

The legal fraternity on Thursday maintained that calling military court a court was against the “real essence of word court”, and “strongly opposed” the trial of civilians in such courts, stressing that they would not let “some people succeed in their mission”.

The lawyers made the remarks while addressing the All Pakistan Lawyers’ Convention organised by the Supreme Court Bar Association (SCBA) at the Lahore High Court on “rule of law & Constitution, trials by military courts, affront to constitutional & fundamental rights”.

The military courts came to light this time after marchers allegedly belonging to the PTI protested across the country and ransacked the government properties and military installations including the Lahore corps commander’s house following the arrest of party chairman Imran Khan in a graft case on May 9.

The attacks were severely censured by the federal government and the top military brass.

The National Security Committee (NSC) – country’s highest forum on security and foreign policy – declared May 9 as black day and expressed full solidarity and support with the armed forces.

Army Chief General Asim Munir chaired a corps commanders’ conference, which decided that perpetrators, planners and executors of such attacks would be tried under the Pakistani laws, including the Army Act and the Official Secret Act.
The decision was endorsed by the NSC.

The Amnesty International raised concerns over country’s decision to try May 9 rioters under the army act, saying “using military courts to try civilians is a clear violation of international law”.

In a tweet, the non-governmental organisation stated: “There are several provisions under ordinary criminal laws that can be used to prosecute vandalism and destruction of public property.”

It added, “The right to a fair trial, guaranteed by Pakistan’s Constitution, is severely undermined by this move and cannot be justified. It must be struck down immediately”.

Following the government’s crackdown against the protesters, PTI leaders were arrested and re-arrested.

Later, several party lawmakers, including Fawad Chaudhry, Asad Umar, Shireen Mazari, Ali Zaidi and Imran Ismail either distanced themselves from Imran or quit the party, condemning the May 9 violence.

On Thursday, the legal fraternity emphasised that they would not accept a government which denied the rule of law to its citizens.

Speaking on the occasion, prominent lawyer and PPP’s former Punjab governor Sardar Latif Khan Khosa stated that no civilian could be tried under the Army Act. “Everyone is feeling suffocated.”He requested the legal fraternity to come up and stand with the Constitution, noting that neither the courts nor the lawyers were being given respect.

Lambasting the ruling coalition, Khosa said they do not accept a government which denied the rule of law to its people.Shedding light on the past, he said former Prime Minister Benazir Bhutto’s fabricated objectionable pictures were dropped from helicopter.He claimed that PTI’s former MNA Shireen Mazari was given threats for her daughter [to quit PTI], which no mother could tolerate.

He regretted that neither any country nor the IMF was ready to listen to Pakistan and was not taking the country “seriously”.Khosa said on one side the government claimed that it had no funds for elections whereas on the other it was utilising all its energy to increase the cabinet’s size.Another prominent lawyer Hamid Khan highlighted that the legal fraternity came to protect the Constitution “whenever it was attacked”. He termed the country’s prevailing atmosphere as “unannounced martial law”.

Khan said “saying court to a military court is actually against the real essence of the word court”, noting that there was neither any argument nor any lawyer there.He claimed that “some powers” with the assistance of lawyers were making efforts to divide the court and added that they had “succeeded to some extent”.

“Remember, if the courts are alive then we and the Constitution are alive,” he said.Lahore High Court Bar Association President Ishtiaq A Khan vowed to kick off a movement in case the arrested lawyers are not released.

SCBA President Abid Zuberi, former Punjab Advocate General Ahmed Awais and others also spoke on the occasion.