SC emphasises May 9 rioters’ right of appeal

The Supreme Court has instructed the Attorney General of Pakistan (AGP), Mansoor Awan, to consult with relevant authorities regarding granting the right to appeal to individuals who are currently facing trials in military courts under the Pakistan Army Act, 1952. These individuals are accused of allegedly vandalizing army installations and memorials on May 9.

During the hearing of petitions challenging the court martial of civilians, a six-member larger bench of the Supreme Court resumed proceedings and granted the AGP a two-day deadline to obtain the necessary instructions from the relevant authorities. The court emphasized the importance of considering the right to appeal for civilians facing military trials.

During a session led by Chief Justice of Pakistan (CJP) Umar Ata Bandial, Attorney General of Pakistan (AGP) Awan provided a comprehensive account of the events that unfolded following the arrest of former prime minister Imran Khan at the Islamabad High Court (IHC) premises on May 9.AGP Awan highlighted that between 3pm and 7pm on May 9, a series of attacks occurred on various military installations in the aftermath of Imran's arrest. These locations included the Lahore Corps Commander House, army installations in Mianwali, Sialkot, Rawalpindi, Bannu, and the Pakistan Air Force (PAF) base in Mianwali.

“Mirage fighter jets were present at the PAF base when the attack took place. Vandals also stormed Hamza Camp, the Inter-Services Intelligence (ISI) office in Rawalpindi, Signal Mess, the Armed Forces Institute of Cardiology and the National Institute of Heart Diseases at Chaklala, Rawalpindi.”

The AGP said that miscreants, who attacked the ISI base in Faisalabad, were armed.

"Around 62 incidents took place in Punjab alone. During these attacks around 250 people, including 198 security personnel, were injured. These attacks were not spontaneous but rather carried out systematically with coordination and planning. These attacks resulted in a loss of Rs2.5 billion,” he said.

He said army personnel are not trained to deal with rioting like policemen. “The army instead of using firearms against the miscreants exercised restraint in the face of escalating violence.”

The AGP once again requested the CJP to form a full court to hear the petitions.
The CJP noted that he could not recall any such attack taking place on military installations in his life. He said the petitioners were not seeking freedom or impunity for the accused but were concerned about their fair trial.

Justice Ijazul Ahsan asked the AGP if a meaningful right to appeal based on law and facts could be provided to the accused. CJP Bandial noted that the remedy provided against military court verdicts was "very limited".

He also referred to the case of Kulbhushan Jadhav, an Indian spy who was convicted and sentenced to death by a military court in Pakistan on April 10, 2017 for fomenting terrorism in the country.

The CJP said the parliament later—on November 17, 2021—enacted a law to give Jadhav the right to file a review appeal against his conviction by the military court.

“You have to address the [matter] of the right to appeal,” said CJP Bandial, adding that this right should be ensured. “Also tell us as to what will be the maximum punishment in case of conviction. The verdict issued by the military courts should also provide complete reasoning,” he added.

The AGP, however, requested the bench to issue instructions in this regard. “The court should issue instructions regarding giving the right to appeal to the accused and to provide reasoning in military courts’ verdicts,” he said.

However, Justice Yahya Afridi asked the AGP as to why he wanted the judiciary to do legislation. “Such legislation could be done by the parliament. Why are you seeking such legislation from the court?"

Justice Ayesha Malik expressed serious apprehensions over the process of trial in military courts. "Nobody knows where the accused persons are," she noted, adding that due process is missing.

"It is a matter of fundamental rights of citizens and due process," she observed. Directing the AGP to get instructions regarding the accused persons’ right to appeal, the court adjourned till Friday (July 21).