Pakistan’s Chief Justice Umar Ata Bandial recently directed that military courts should not initiate trials without informing the Supreme Court. He issued these directions on the issue of those accused who were involved in the unprecedented anti-government violence on 9 May.
CJP Bandial made this directive during the hearing of multiple petitions challenging the military trial of civilians, primarily supporters of former Prime Minister Imran Khan.
A six-member bench, comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha A. Malik, is currently overseeing the proceedings.
The case revolves around the military trial of over 100 suspects engaged in attacks on military installations during a protest by supporters of Mr. Khan on May 9. The protests escalated violently after the arrest of the 70-year-old former prime minister by paramilitary Rangers in Islamabad.
Subsequently, his party workers vandalized more than 20 military installations and government buildings, including the Lahore Corps Commander House, Mianwali airbase, and the ISI building in Faisalabad. For the first time, the mob attacked the Army headquarters (GHQ) in Rawalpindi. Mr. Khan was later released on bail.
In response to the incidents on “Black Day,” the federal cabinet approved the trial of those involved in the attacks under the stringent Army Act.
During the hearing, Chief Justice Bandial disagreed with an argument presented by advocate Latif Khosa, the counsel for petitioner Aitzaz Ahsan, who likened the current situation to the reign of former military dictator General Ziaul Haq.
Mr. Bandial stated that, “You can’t compare the present era with the era of Ziaul Haq. This is not Ziaul Haq’s era, nor is martial law imposed in the country. Even if a martial law-like situation arises, we will intervene.”
Further, he stated that, Chief Justice Badial then directed that the Supreme Court should be informed before military trials of civilians begin. “The trial of the accused in military courts should not begin without informing the SC.”
The Attorney General, Mansoor Usman Awan, informed the court that numerous individuals were involved in the May 9 events, but after careful consideration, only 102 people were identified for court martial.
The government has already asserted that the trial of those implicated in the attack on military facilities would be conducted under military laws. However, it has faced criticism from human rights organizations.
The controversy surrounding the military trial reached the Supreme Court following petitions filed by prominent individuals, including former Chief Justice of the apex court Jawwad S. Khawaja, distinguished lawyer Aitzaz Ahsan, leading civil society representative Karamat Ali, and former Prime Minister Imran Khan.
