A constitutional bench (CB) of the Supreme Court on Friday raised questions about the PTI's claims with regard to the killing of its workers during May 9, 2023 riots. The bench asked the party to submit documentary evidence to support this claim.
A five-member CB led by Justice Aminuddin Khan took up a PTI's petition seeking formation of a judicial commission to probe the incidents of vandalism that took place on May 9 and May 10, 2023 in the wake of PTI founder Imran Khan's arrest from the premises of the Islamabad High Court (IHC).
During these riots alleged PTI leaders, workers and supporters attacked, ransacked and set fire to a number of military installations and memorials.
After these unprecedented events, the former PML-N led coalition government launched a massive crackdown against the former ruling party, leaving it in tatters.
The military authorities also initiated trial of 103 PTI workers, a move challenged by a number of individuals and organizations in the apex court.
The party demanded formation of a judicial commission to investigate the May 9 events, which, it claims, were a conspiracy to push the party against the wall. The PML-N led federal government has, however, been reluctant to request such a commission.
On Friday, when the PTI's lawyer, Hamid Khan, presented arguments in favor of forming a judicial commission on the May 9 events, Justice Aminuddin Khan asked as to what was the plea in his petition.
The PTI's lawyer told the bench that his party requested the formation of a judicial commission on the May 9 incident, comprising the chief justice of Pakistan and two senior Supreme Court judges. "The second plea is that civilians should not be subjected to military trials," he added.
Justice Muhammad Ali Mazhar remarked that his request regarding military trials of civilians was no longer relevant, as a seven-member CB bench was hearing this matter already. "Can we even consider the formation of a judicial commission under Article 184(3)?" he questioned.
Hamid Khan argued that the May 9 incidents were a national event, yet no judicial inquiry has been conducted into it. Justice Mazhar asked Khan if he had requested a judicial commission in the case concerning the trial of civilians in military courts. Khan replied in the negative.
Justice Jamal Mandokhail noted that the PTI in its petition stated that dozens of civilians were killed on May 9, 2023 by government authorities. "Have you attached the death certificate of any of the deceased? At least show us one certificate," he said.
Justice Aminuddin Khan questioned if any private complaint had been registered regarding civilian casualties. "Show us at least one FIR if any were filed." Justice Hassan Azhar Rizvi added, "You could have at least attached media reports regarding civilian casualties in the May 9 incident."
The CB later granted the PTI additional time to submit documents and adjourned hearing of the case for an indefinite period.
Separately, a regular bench of the Supreme Court, led by Chief Justice of Pakistan Yahya Afridi, heard Sheikh Rashid's acquittal appeal in the May 9 GHQ attack case.
The court issued a notice to the Punjab government.
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