Crime of May 9 undeniable: CB judge

Justice Mandokhail remarks case before bench pertained to trial

ISLAMABAD:

The Constitutional Bench (CB) of the Supreme Court observed on Friday that it was not denying that crime was committed on May 9, 2023, and that the apex court had not given clean chit to any accused, however, the matter before the court related to the trial of civilians in the military court.

During the hearing of intra-court appeal against the apex court's ruling against the military trial of civilians, the judges raised the question as to why there was no military trial of those involved in an attack on parliament – a reference to a 2014 incident.

The seven-member bench, led by justice Aminuddin Khan, continued the hearing of the appeal, during which Khawaja Haris, the lawyer for the defence ministry, continued his arguments, while the judges raised several questions.

The appeal before the bench stemmed from the verdict of a five-member bench of the top court in October 23, 2023 that allowed the petitions against the trial of civilians involved in the May 9, 2023 riots and declared their military trial as null and void.

During Friday's hearing, Justice Jamal Khan Mandokhail remarked that the crime of May 9 had taken place, and the apex court's decision did not give clean chit to the criminals. The question in the court, he added, was that where the trial would be held.

Khawaja Haris said that the Army Act and rules provided complete procedure for a fair trial. Justice Ayesha Malik said that the court had declared Section 2(1)D(1) of the act as contrary to fair trial, while Justice Yahha Afridi – who was a member of that bench – did not give an opinion on that section.

Haris said that Justice Afridi gave an opinion on the May 9 military trial. He added that the Federation was not fully heard on the provisions of the Army Act. Additional Attorney General Aamir Rehman said that the bench had told the attorney general to focus his arguments on the incidents of May 9 and 10.

Sitting on the bench, Justice Muhammad Ali Mazhar expressed his surprise and remarked that first it was stated that there would be no talk on the provisions of the Army Act, and then the provisions of the act were declared null and void.

Rehman also said that the lawyer for the plaintiffs, Advocate Faisal Siddiqui, had said in the court that he did not challenge the provisions of the Army Act. Siddiqui, who attended the hearing via video link, said that he had told the court to consider the case under the Constitution, and not the Army Act.