ISLAMABAD:
Justice Syed Hasan Zafar Rizvi, a member of the Constitutional Bench (CB) of the apex court, has described the trespass of rioters to 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 9 May rioters in military courts, Justice Rizvi addressed defense ministry lawyers, Khawaja Haris, whose military personnel were also tried in a military court in connection with the 9 May vandalism.
“How did people on May 9 manage to reach [Lahore] The corps commander’s house. Isn’t that a breach of security?” he asked. The judge said that day that military installations and memorials were damaged. “Had the authorities put up any resistance? Resistance can be offered without opening fire,” he added.
Responding to the queries, Haris said that no military official faced any trial in the aftermath of the May 9 incidents. He said during the attacks by the rebels authorities showed complete restraint to avoid loss of life.
Justice Rizvi observed that there must be a mastermind or instigator behind such events and asked who orchestrated the conspiracy. Haris stated that conspirators or masterminds would also be tried in military courts. He said trials of civilians in military courts have 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, Judge Musarrat Hilali questioned the jurisdiction of military courts and asked what if a civilian had a dispute with a soldier in a cantonment area.
Khawaja Haris said such disagreement would be a separate matter. He argued that even in peacetime, civilians who interfere in military affairs are subject to trial by military courts.
Justice Jamal Khan Mandokhail questioned where the case would be heard if a soldier’s rifle was stolen. Haris replied that a rifle is a soldier’s combat weapon, integral to warfare.
Judge Hilali asked whether a civilian who steals for financial gain, without the intention of disarming the army, would be tried in a military court. The lawyer said the circumstances would dictate the trial’s jurisdiction.
Justice Muhammad Ali Mazhar highlighted that the Official Secrets Act, 1923, specifies which crimes fall under military courts. Judge Hilali noted that during the May 9 and May 10 events, some protesters were unaware of what was happening.
The hearing of the case resumes today, Wednesday.
