ISLAMABAD:
Justice Syed Hasan Zafar Rizvi, a member of the Constitutional Bench (CB) of the apex court, termed the intrusion of rioters into military installations after the arrest of former Prime Minister Imran Khan on May 9, 2023, as “ security breach”.
While hearing a case related to the trial of the May 9 rioters in military courts, Justice Rizvi asked Defense Ministry lawyers Khawaja Haris whether any military personnel had also been tried in a military court in relation to the vandalism incidents of May 9.
“How people managed, on May 9, to reach the [Lahore] Corps Commander’s House. Isn’t this a security breach?” he asked. The judge said that military installations and memorials were damaged that day. “Did the authorities oppose a any resistance? Resistance can be offered without opening fire,” he added.
Responding to questions, Haris said no military officials had been tried following the May 9 incidents. He said that during the attacks, the rioters’ authorities showed complete restraint to avoid loss of life.
Justice Rizvi remarked that there must be a mastermind or instigator behind such events and asked who had masterminded the conspiracy. Haris said the conspirators or masterminds would also be tried in military courts. He said trials of civilians in military courts had been taking place 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 inquired about the jurisdiction of military courts, questioning whether a civilian had a dispute with a soldier in a cantonment area.
Khawaja Haris said such disagreement would be another matter. He argued that even in peacetime, civilians who interfere in military affairs can be tried by military courts.
Justice Jamal Khan Mandokhail wondered where the case would be heard if a soldier’s rifle was stolen. Haris replied that a rifle is a combat weapon of the soldier, an integral part of war.
Judge Hilali asked whether a civilian stealing for financial gain, with no intention of disarming the military, would be tried by a military court. The lawyer said the circumstances would dictate the jurisdiction of the trial.
Justice Muhammad Ali Mazhar pointed out 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 unaware of what was happening.
The hearing of the case will resume today, Wednesday.
