No clean chit for May 9 events: Apex court CB deliberates trial process

The hearing, led by Justice Aminuddin Khan, aimed to address appeals challenging the military trial process.

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The Supreme Court of Pakistan's Constitutional Bench has remarked about the legal and constitutional complexities surrounding the trials of civilians in military courts over their alleged involvement in the May 9 attacks.

The seven-judge bench, led by Justice Aminuddin Khan, heard the appeals challenging the military trial process.

Justice Jamal Mandokhail emphasised that crimes committed during the May 9 incidents cannot be denied, but the critical issue remains the jurisdiction of the trials.

“The question is not whether a crime occurred, but where the trial should be conducted,” Justice Mandokhail remarked.

The discussion centred on the 21st Amendment, which established the framework for military courts.

Justice Mandokhail pointed out that the amendment specifically prohibits political parties’ cases from being tried in military courts, raising concerns about the application of the Army Act to civilians.

Defending the government’s position, Khawaja Haris, counsel for the Defence Ministry, argued that the Army Act and its rules ensure a fair trial process.

He cited past cases, including the Supreme Court’s Liaqat Hussain verdict, to justify the use of military courts.

However, the bench sought clarification on whether this aligns with constitutional principles.

Justice Musarrat Hilali highlighted the public fear and chaos during the May 9 events, including incidents of arson, looting, and attacks on government properties.

She questioned the outcome of trials for crimes such as theft and property damage that are unrelated to military installations.

Justice Hasan Azhar Rizvi drew attention to the severity of the attacks, citing the torching of the Lahore Corps Commander’s residence and coordinated assaults across multiple cities.

“These were not ordinary protests but targeted attacks against state security,” he said, referencing evidence presented by the Defence Ministry, including photographs of the destruction.

The Defence Ministry argued that military courts focus on cases involving violence against sensitive and restricted areas.

However, Justice Rizvi questioned whether the civilians involved were granted their full constitutional rights, including access to appeal mechanisms.

Justice Ayesha Malik expressed reservations about specific provisions of the Army Act, such as Sections 2(1)(d)(1) and 2(1)(d)(2), arguing they may conflict with fair trial principles.

She questioned whether adequate notice and representation were provided to civilians tried under these sections.

Justice Muhammad Ali Mazhar raised additional questions about the dual jurisdiction of military and civilian courts.

He inquired whether offences involving both military personnel and civilians are tried separately and whether the evidence provided distinguishes between criminal intent and political dissent.

Khawaja Haris reiterated that the May 9 incidents were not mere acts of protest but deliberate attempts to undermine state security.

“Political activity has its limits. When state property is attacked, it is no longer politics but a criminal offence,” he argued.

The Defence Ministry also presented video evidence of armed civilians attacking military sites.

Justice Hasan Rizvi asked whether the evidence showed any casualties or injuries to military personnel, to which Haris responded affirmatively, stating that armed attacks led to injuries and damage.

The bench appeared divided over the broader implications of military trials. Justice Mandokhail questioned why similar attacks on institutions like Parliament were not tried in military courts, calling for consistency in applying the law.

The hearing concluded with the court adjourning proceedings until Monday, allowing time for further deliberations.

Justice Aminuddin Khan assured that the bench would dedicate a full day to the case, with Khawaja Haris requesting an additional day for preparation.