The Supreme Court (SC) on Wednesday directed Attorney General of Pakistan (AGP) Mansoor Usman Awan to seek the government’s stance on the right of appeal for civilians convicted by military courts, as the law officer argued the May 9 riots were perpetrated in a ‘systematic’ manner.
The apex court’s directives were issued as proceedings into petitions against the trials of civilians in military courts resumed before a six-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Ayesha A. Malik.
Addressing the court during today’s hearing, the AGP said the May 9 riots had caused losses of Rs. 2.5 billion, including Rs. 1.9 billion to military installations, and reiterated a request for the formation of a full court to hear the case. A day earlier, the CJP had refused a similar request, while remarking that military trials “may be good” for just military personnel and may not apply to civilians.
In his arguments, AGP Awan noted that all the attacks on military installations on May 9 occurred at roughly the “same” time. “On May 9, sensitive military installations were attacked between 3 p.m. and 7 p.m.,” he said, summarizing the assets targeted, including the Mianwali airbase; the office of the Inter-Services Intelligence (ISI) in Rawalpindi; the Armed Forces Institute of Cardiology; the Lahore Corps Commander’s house; and the General Headquarters in Rawalpindi. “Violent incidents also took place in Rawalpindi’s Chaklala,” he said, adding that petrol bombs were used.
Similarly, he said, a CSD store was set ablaze in Lahore, while the suspects that targeted the Faisalabad ISI office were allegedly armed. Maintaining that Lahore and Peshawar were “laid to waste,” he said the toll plaza on the Swat motorway was also set ablaze. “On May 9, the situation in Sindh and Balochistan was under control,” he said, adding the Army had shown “flexibility” in its response to the riots, as military officers “are not trained to deal with protesters” like the police are. To a question by the CJP on whether he was implying Army officers only knew how to “shoot,” he said the officers lacked training to disperse crowds.
Emphasizing that sensitive military installations were attacked in a “systematic manner,” he said over 200 people, including 184 law enforcers, had been injured during the violence. “The events of May 9 did not happen suddenly, they were carried out in a systematic manner,” he said, stressing that such an incident had never before taken place in the country’s history.
“You are saying that it is the first time the people attacked military installations,” the CJP remarked and asked the AGP to address the points raised by petitioners. “What is the punishment in military courts under Section 7 of the Army Act?” he asked. “Under Sections 3 and 9, the punishment in military courts is two years’ imprisonment,” the AGP responded, affirming that this was the maximum punishment.
“Then the punishment in ordinary courts is more,” stated the CJP, while Justice Akhtar said the facts and allegations presented by the AGP were “very serious” in nature. “Entering a prohibited area is also a crime,” he said, noting Section 3 of the Army Act would apply in this case.
Justice Bandial then also noted the “seriousness” of the May 9 riots, noting he could not recall when such an incident had occurred in the past. He urged the AGP to assure the court that civilians prosecuted in military courts would be given a fair trial before giving arguments on the constitutional aspect of the case. “Certainly, the court will not allow something that is unconstitutional,” he said.
“If the right of appeal is to be given in a trial under the Army Act, then give it through legislation,” said Justice Afridi, with the CJP adding that the AGP would have to satisfy the court that the right of appeal would be given. “The question is whether or not one will have the right to appeal in a court created under the Constitution,” Justice Afridi said.
The CJP then directed the AGP to seek instructions from the government regarding whether a right of appeal would be given or not, which the latter said could be provided by Friday. The court then adjourned the hearing until then.
The court is hearing a set of petitions filed by former CJP Jawwad S. Khawaja, lawyer Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan. While Khawaja has urged the apex court to declare the trial of civilians by military courts unconstitutional, other petitioners had argued that the Army Act did not apply in the present case. In earlier proceedings, the SC had rejected pleas to stay ongoing proceedings against civilians in military courts.