ISLAMABAD:
Justice Syed Hasan Zafar Rizvi, member of the Constitution Bench (CB) of the apex court, described the illegal entry of rioters into military installations after the arrest of former Prime Minister Imran Khan on May 9, 2023 as a “security breach” .
During the hearing of a case related to the trial of the May 9 rioters in military courts, Justice Rizvi addressed Defense Ministry lawyer Khawaja Haris to know if any soldier was also tried by a military court in connection with the vandalism incidents of May 9.
“How the people on May 9 managed to reach the [Lahore] House of the Corps Commander. Isn’t this a security violation?” he asked. The judge said military installations and memorials were damaged that day. “Did the authorities offer any resistance? “You can offer resistance without opening fire,” he added.
Responding to questions, Haris said no military officer faced any trial following the May 9 incidents. He said during the rioters’ attacks the authorities showed complete restraint to avoid loss of life.
Justice Rizvi noted that there must be a mastermind or instigator behind such developments and asked who orchestrated the conspiracy. Haris stated that the conspirators or masterminds would also be tried in military courts. He said trials of civilians in military courts have been carried out since 1967.
On Tuesday, the seven-member CB headed by Justice Aminuddin Khan and comprising Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan heard the case.
During the hearing, Justice Musarrat Hilali asked about the jurisdiction of military courts and asked what would happen if a civilian had a dispute with a soldier in a cantonment area.
Khawaja Haris said such a disagreement would be a separate matter. He argued that even in peacetime, civilians who interfere in military affairs are subject to trial in military courts.
Judge Jamal Khan Mandokhail questioned where the case would be tried if a soldier’s rifle was stolen. Haris responded that a rifle is a soldier’s combat weapon, an integral part of war.
Judge Hilali asked whether a civilian who stole for financial gain, without the intention of disarming the army, would be tried in a military court. The lawyer said circumstances would dictate the jurisdiction of the trial.
Judge Muhammad Ali Mazhar noted that the Official Secrets Act of 1923 specifies which crimes fall under the jurisdiction of military courts. Judge Hilali noted that during the events of May 9 and 10, some protesters were not aware of what was happening.
The hearing of the case will resume today, Wednesday.
