'It doesn't matter where a trial takes place'

A member of a constitutional bench (CB) of the Supreme Court has noted that if someone has committed a crime, it makes no difference whether his trial is conducted in a civilian court or a military court.

On Tuesday, a seven-member CB led by Justice Aminuddin Khan resumed hearing the intra-court appeals filed by the government against an earlier Supreme Court order declaring trials of May 9 rioters in military court illegal.

During the hearing, Justice Jamal Khan Mandokhail observed that those who commit a crime should be punished no matter who they are. "What difference does it make whether a trial takes place here [in a civilian court] or there [in a military court]?" he asked.

The lawyer for civil society, Faisal Siddiqi, took exception to the observation stating that there is a huge difference between a trial taking place in a civilian court and the one taking place in a military court.

"One of them is a fair trial; the other one is not," he argued. Justice Mandokhail noted that all the forums are available under the law and all are respectable.

Faisal Siddiqui stated that in the FB Ali case verdict, the Supreme Court had said that where the defense of Pakistan is at risk, civilians can be tried in military courts. However, the cases related to the May 9, 2023 incidents involve vandalism.

Earlier, Justice Muhammad Ali Mazhar inquired about the number of individuals released from military courts. Faisal Siddiqui stated that there were a total of 105 accused, out of which 20 had been released.

The additional attorney general clarified that initially, 20 individuals were released, followed by another 19, leaving 66 accused still in jail.

Faisal Siddiqui further remarked that in the United States, it is customary to allow both parties the right to propose a judgment at the conclusion of arguments. He added that if the argument is that a court-martial must take place, then there are also alternatives available.

After Siddiqui concluded his arguments, Abid Zuberi, the lawyer representing former Supreme Court Bar officials, argued that the attorney-general for Pakistan had assured that the right to a fair trial would be upheld. The CB will resume hearing the case at 9:30am today.

A day earlier, the CB had asked as to what would be the status of the proceedings of the military courts which are holding trials of dozens of May 9 rioters if the cases against them are transferred to ATCs.

During the arguments, Faisal Siddiqi had noted that if his argument was accepted, the Pakistan Army Act, 1952 would remain intact but the trial of May 9 accused would become null and void.

"If the trials are annulled, the cases which military courts have not yet decided will be transferred to the ATCs, while cases where sentences have already been executed will be considered 'past and closed transactions'," Siddiqui told the bench.