Military verdicts

Sentencing of May 9 riot accused now with civilian courts, marking a shift towards justice and healing.

With the first phase of sentencing by the military courts, involving 25 accused, the charge has been handed over to the civil sphere. The May 9, 2023 riots case seems to be now heading towards its logical end, enabling the civilian judiciary to sit in judgment as appellate forums as per law and the Constitution. Though a heart-wrenching step as more than 100 civilians were tried by military courts, in contravention of the spirit of the Constitution, the consolation is that the Supreme Court had mandated it as an exceptional valve to put an end to the ordeal of prolonged litigation, as well as unending debate over jurisdiction. The interim order of the constitutional bench on December 13, 2024 had allowed the military courts to pronounce verdicts on civilians in its custody as a technical interlude.

The sentencing ranging from two to ten years in jail, for the accused tried on charges of arson and vandalism, is now finally out of military domain. Now onwards the custody of those convicted will be in civilian ambit, as they will be handled as per jail manual under the dictates of the apex court. Likewise, those who can be released after remissions can be released forthwith and those who have yet to undergo the sentence awarded to them will see their custody handed over to the concerned jail authorities. The ISPR too went on record saying that "all convicts retain the right to appeal and other legal recourses, as guaranteed by the law and the Constitution." It's time for the military authorities to pronounce dictates on the remaining accused, and let the process of retribution and justice come full circle.

The episode of May 9 and subsequent judicial and political process had left a bitter taste in society. It is time for healing the wounds, and also to ensure that no one is allowed to circumvent the writ of the state. At the same time, upholding rule of law and fundamental rights of citizens should be of prime importance, and this is where the top court had gone on to evolve a mechanism of lawful exit from the impasse.