Military trial resolution echoes in Senate again

A resolution backing the trial of May 9 rioters in military courts was once again debated in the upper house of parliament on Monday as JI Senator Mushtaq Ahmad Khan moved a counter resolution, affirming the Supreme Court’s verdict with regard to court martial of civilians.

Earlier expressing his thoughts, Senator Raza Rabbani of the PPP stated that last Monday a resolution was presented in the Senate which supported trial of civilians in military courts and criticized the Supreme Court’s October 23 verdict banning such trials.

“That resolution did not reflect the majority of this house; it was brought in at the last moments of the session and was not included in the agenda,” he said.

He said people should accept the Supreme Court’s order with regard to the trial of civilians in military courts “as the verdict is in accordance with the Constitution”.

When Senator Mushtaq Ahmed Khan submitted a resolution affirming the Supreme Court’s October 23 verdict, Rabbani said he fully supported Senator Khan’s resolution. Senate Chairman Sadiq Sanjrani, however, reminded the lawmakers that the matter was now in the Supreme Court.

Speaking on the floor, Senator Khan said when the resolution was presented he and Senator Rabbani opposed it. “We were, however, not given the opportunity to speak on that day”.

He said neither the leader of the house nor the leader of the opposition were informed about the resolution, which, he said, was also not shown to the lawmakers.

“The resolution was an attack on the Senate and an attack on democracy. Non-democratic forces will gain strength from it. This is an attempt to intimidate and threaten the judiciary,” he said.

When Senator Khan tried to read out his resolution in the house, the Senate chairman stopped him. Khan said the Supreme Court's decision is constitutional, and that he fully endorses it. “I urge the Senate to reject the resolution of that day," he said.

Senator Dilawar Khan asked whether Senator Rabbani and Senator Khan were sleeping when the house passed the resolution despite the fact that the house lacked a quorum. “The sitting [on November 13] would have been adjourned if they had pointed out the lack of a quorum.”

Senator Tahir Bizenjo asked whether civilian courts could not punish the people responsible for May 9 riots and attacks on military installations. “If civilian courts cannot proceed with the cases, then they should be closed down,” he said.

Senator Ali Zafar of the PTI stated that the agenda was not on the table during the approval of the November 13 resolution. “The house lacked a quorum and the resolution was not discussed.”

He said two articles in the Constitution are crucial and the entire Constitution revolves around them.

“One is Article 4, and the other is Article 10-A, which talks about fair trial."

The Senate on November 13 passed a resolution backing the military trials of civilians arrested in the wake of violent protests in the country on May 9. It said “prima facie an attempt has been made to rewrite the law by impinging upon the legislative authority of parliament”.

It reiterated that the trial of those accused of violence against the armed forces under the Pakistan Army Act, 1952 was an “appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime”.

The resolution criticized the October 23 verdict of a five-member bench of the Supreme Court which declared that trial of May 9 rioters in military courts was ultra vires the Constitution.