Justice Hasan Azhar Rizvi of the Supreme Court said the intrusion of people into the Corps Commander’s House in Lahore on May 9, 2023 was undoubtedly a “security breach”.
In his remarks on Tuesday, Justice Rizvi asked, “Did people manage to reach the Corps Commander’s House on May 9? Entry of people into the Corps Commander’s House is undoubtedly a breach of security.”
These comments were made as the court’s constitutional bench, headed by Justice Aminuddin Khan, was hearing appeals within the court challenging the trial of civilians in military courts following the May 9 riots.
During the hearing, Judge Hassan Azhar Rizvi noted that the entry of people into the Corps Commander’s House on May 9 was a security breach. He questioned whether any military officers had been tried for their involvement in the events of May 9.
Defense Ministry lawyer Khawaja Haris began his arguments by stating that the persons prosecuted in the FB Ali case were retired.
Justice Musarrat Hilali commented: “If a soldier has a dispute with a civilian in a cantonment, where will the case go?” The Defense Ministry lawyer responded that the disputes were different and that the issue of military trials was being stretched too thin.
The Defense Ministry lawyer further argued that even in peacetime, civilians involved in military matters would face trials in military courts. Judge Hassan Azhar Rizvi questioned: “There must be a mastermind behind this; who orchestrated the conspiracy?”
Khawaja Haris maintained that the trial of the mastermind or conspirator would also take place in military courts, and that the trial of civilians had not started suddenly, as the law had been in force since 1967.
Justice Hassan Azhar Rizvi responded: “It must be kept in mind that the FB Ali case dates back to the civil martial law era, with Zulfikar Ali Bhutto as administrator of civil martial law.”
Justice Hassan Azhar Rizvi posed an important question to the Defense Ministry lawyer: “Was there a trial for any military officer involved in the events of May 9? How did people manage to reach the Corps Commander’s House? No “Was it entering the Corps Commander’s House?” Is the house a security breach?
The Defense Ministry lawyer explained that the charges against the protesters were related to property damage and that no military officers had been charged in the May 9 incident.
Judge Hassan Azhar Rizvi further asked if any resistance had arisen when the military installations were damaged on May 9. The Defense Ministry lawyer responded that they had acted with complete restraint to avoid loss of life.
Judge Jamal Khan Mandokhel asked: “If a soldier’s rifle is stolen, where will the case be filed?” The Defense Ministry lawyer responded that the rifle was a soldier’s weapon of war.
Judge Musarrat Hilali asked: “If a civilian steals for financial gain, even if his intention is not to disarm the army, where will the trial take place?” The MoD lawyer responded that the circumstances would be considered.
Judge Mohammad Ali Mazhar noted that the Official Secrets Act lists which crimes fall under the jurisdiction of military courts.
Judge Musarrat Hilali noted that during the events of May 9 and 10, some protesters were not aware of what was happening. The lawyer for the Ministry of Defense clarified that the unconscious were not tried in military courts.
The high court later adjourned the hearing of the case before the military courts until the next day.
Yesterday, Justice Jamal Khan Mandokhail said the Army Act lists several offences, but they all apply exclusively to military officers.
Justice Aminuddin urged Khawaja Haris to conclude his arguments by Tuesday. He asked for a concise explanation of which cases were transferred to military courts and why.
He added that any questions from the court would be addressed later.
