Pakistan SC Urged to Initiate Contempt Proceedings Against Defence Secretary

A plea has been filed in the Supreme Court of Pakistan urging the initiation of contempt proceedings against Defence Secretary of Pakistan, Hamooduz Zaman Khan.

The plea alleges that Defence Secretary Hamooduz Zaman Khan has wilfully ignored the unanimous decision made on October 23, which declared the military trials of 103 civilians involved in the May 9 violence as unconstitutional.

The May 9 riots were a series of violent incidents that took place on 9 May 2023, in Pakistan. Following the arrest of the Pakistan Tehreek-e-Insaf (PTI) party’s head, Imran Khan, from the grounds of the Islamabad High Court, demonstrations held by PTI’s supporters descended into violent riots.

Senior counsel Faisal Siddiqui, representing Fahim Zaman Khan, Mahnaz Rahman, Prof Dr A. H. Nayyar, and Syed Zulfiqar Hussain Gilani, filed the contempt petition.

It argues that the alleged contemnor actively participated in the proceedings before the apex court challenging the trial of civilians by military courts, leading to the October 23 judgment.

According to the petition, the alleged contemnor, as the head of the defense ministry, is responsible for implementing the directions issued on October 23.

The plea asserts that despite the court’s clear and unambiguous declarations, the continued detention of individuals listed in the Supreme Court amounts to unconstitutional and illegal acts by the military authorities.

The petition emphasizes that the October 23 verdict declared Sections 2(1)(d)(i) and (ii) and Section 59(4) of the Pakistan Army Act, 1952, as unconstitutional.

The court ordered that civilians arrested in connection with the May 9 and 10 events should be tried by criminal courts established under ordinary or special laws.

Highlighting that the October 23 order is still in effect due to pending intra-court appeals (ICA), the petition notes that the custody of individuals listed in the Supreme Court’s provided list has not been transferred to criminal courts of competent jurisdiction.

It states that more than 43 days have passed since the October 23 order, and the individuals remain in the illegal custody of military authorities.

The petitioners urge the court to initiate contempt of court proceedings against Defence Secretary Hamooduz Zaman Khan, citing deliberate and mala fide (intent to deceive) disregard of the court order.