People entering Lahore Corps Commander House was ‘security breach’: SC judge

ISLAMABAD, JAM 14 (DNA): Supreme Court’s Justice Hasan Azhar Rizvi said on Tuesday that people entering the Corps Commander House in Lahore on May 9, 2023, was indeed a “security breach”.

“Did people reach the Corps Commander’s house on May 9? People entering the Corps Commander’s House is indeed a security breach,” Justice Rizvi remarked during a hearing.

The judge’s remarks came as the apex court’s constitutional bench — headed by Justice Amin-Ud-Din Khan — heard intra-court appeals against trying civilians in military courts.

The top court, in its unanimous verdict by a five-member bench, on October 23 last year, declared civilians’ trials in military courts null and void and ordered that 103 suspects be tried in civilian courts.

However, on December 13, 2023, a six-member bench of the apex court — with Justice Musarrat Hilali differing with the majority — suspended its October 23 order on petitions challenging it, which was then challenged.

However, on December 13, 2023, a six-member bench of the apex court — with Justice Musarrat Hilali differing with the majority — suspended its October 23 order on petitions challenging it. The top court was then again moved against the December order.

But after a hiatus, the constitutional bench in December last year conditionally allowed military courts to pronounce reserved verdicts of 85 civilians who were still in custody for their alleged involvement in the May 9, 2023, riots.

The May 9 riots refer to the violent protests triggered by the arrest of the PTI founder in a corruption case, during which state installations, including the General Headquarters, were also attacked.

As a result, the military court handed down punishments to all 85 accused last month, but a few days earlier, 19 convicts were pardoned after they appealed for mercy.

The hearing

During the hearing, Khawaja Haris, the counsel for the Ministry of Defence, said that the trial of civilians was not a sudden development, as the law has existed since 1967.

In the FB Ali case, those prosecuted were retired individuals, he said, adding that even during peacetime, civilians interfering in military affairs would face trial in military courts.

At this, Justice Azhar remarked that it should be noted the FB Ali case occurred during a period of civil martial law. He questioned whether there was a mastermind behind the conspiracy and who orchestrated it. To this, Haris responded that the trial of the mastermind or conspirators would also take place in the military courts.

The judge further inquired whether any military officer was tried for involvement in the events of May 9. He noted that people entered the Corps Commander House, which constituted a security breach.

Noting that it was necessary to open fire, the judge  questioned whether resistance was put up when military installations were damaged on 9 May.

In response, the Ministry of Defence’s lawyer said that the charges against the protesters pertain to causing damage to property. No military officer was charged in connection with the events of May 9, and complete restraint was observed to avoid any loss of life.

Furthermore, Justice Jamal Khan Mandokhail raised a question, asking: “If a soldier’s rifle is stolen, where would the case be tried?” In response, the Haris explained that a rifle is considered a soldier’s combat weapon.

Justice Hilali added to the discussion, querying: “If a civilian steals the rifle for financial gain, without intending to disarm the army, where would the trial take place?”

To this, the counsel replied that the circumstances of the case would determine the jurisdiction.

Meanwhile, Justice Muhammad Ali Mazhar noted that the Official Secrets Act specifies which crimes fall under the jurisdiction of military courts.

Justice Hilali also commented on the events of May 9 and 10, highlighting that some protesters involved were unaware of what was happening.

At this, the ministry’s lawyer clarified that those unaware of their actions were not tried in the military courts.

Subsequently, the court adjourned the hearing of intra-court appeals against civilian trials in military courts until tomorrow (Wednesday).