May 9 Tragedy: Undoubtedly, attacks are serious, such attacks have never happened, but the trial should be fair, Chief Justice
While hearing petitions against trials of civilians in military courts in the Supreme Court, the Chief Justice said that the attacks on May 9 are undoubtedly serious, such attacks have never happened, but the trial should be fair.
A 6-member bench headed by Chief Justice Umar Attabandial heard the case, the bench includes Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha Malik.
When the hearing started today, Attorney General Mansoor Usman Awan started arguments, he said that I will give arguments related to my written answer, I will read the written answer because I want to present the timeline of the events of May 9. Military installations and afternoon. Between 3 and 7 pm, property was damaged in various areas, plane used by MM Alam was vandalized in Mianwali, Corps Commander House Lahore was severely damaged, 62 places were attacked in Punjab. In which 52 people were injured. On May 9, property worth two and a half billion rupees was damaged, military installations were damaged to the tune of one and a half billion rupees.
The Attorney General said that 149 vehicles were damaged on May 9. On this occasion, the Attorney General presented the photos of the incidents of May 9 and 10 to the court.
He said that the attackers entered the GHQ by attacking from gate no. has been. Attack The attackers attacked the Hamza camp of the Armed Forces Institute of Cardiology, ISI, Rawalpindi.
Attorney General also presented the photos of Cork Commander House Lahore to the bench. He said that the attackers used petrol bombs on May 9.
Chief Justice Umar Atta Bandyal asked whether the protesters attacked the mosque as well. On this, the Attorney General said that the protesters also attacked the mosque inside the Corps Commander’s house on May 9. One of the attackers was wearing the Corps Commander’s uniform. are
The Chief Justice of Pakistan said, “Are you saying that soldiers only know how to shoot?” On this, the Attorney General said that army officers are not taught to disperse such groups, military installations in Gujranwala and ISI office in Faisalabad were attacked, ambulances were burnt near the High Court in Peshawar, Bannu camp. . . was also attacked. There was an attack, CMH Abbottabad was also attacked, Motorway Toll Plaza was also burnt.
The Attorney General said that the attacks on May 9 and 10 were carried out as part of a well-thought-out plan. In the case of vandalism and arson, civil offenses were brought under the Rawalpindi Bar Case Army Act.
Justice Mazhar Naqvi said that the situation was different at that time, a constitutional amendment was made for trial under the Military Act. The Attorney General said that the offenses under which the charges were laid in the May 9 incidents fall under the Army Act.
Justice Mazhar Naqvi said that the people you want to try are civilians, can a civilian be tried without considering Article 175/2?
The Chief Justice said that the point is that you are saying that the May 9 incident was the first of its kind. According to you, no civilian had ever attacked a military installation before May 9, some questions were asked before the constitution. The answer is important, how will the safety of the 102 people who are in military custody be ensured? Another point is that who else can exercise the powers of a magistrate? I am not an expert in criminal matters but the provisions made should also be looked at. The petitioners are not asking that these persons be released and not punished, only that their cases be treated impartially.
Chief Justice Umar Atta Bandyal asked what provisions have been made? The Attorney General said that the crimes of the accused are not of a civil nature, Section 302 has also been imposed on the accused.
Justice Mazahar Ali Akbar Naqvi asked if any military officer had died. The Attorney General said that there is no report of loss of life of any soldier.
Justice Mazhar Naqvi said that when the military officer did not die, how was Section 302 imposed? Attorney General Mansoor Usman Awan said that this argument is not based on instructions.
The Chief Justice of Pakistan said that it would be better if you take instructions on this matter. The Attorney General said that based on the facts given today, he is asking that a full court be formed to hear the case.
Justice Munib said that the punishment and nature of offenses under the Official Secrets Act are different.
Justice Mazahar Ali Akbar Naqvi asked who will be the presiding officer in the investigation? The Attorney General said that Field General Court Martial will be the presiding officer, Field General Court Martial will not be trial, Summary Court Martial is Field Court Martial but it is a separate matter.
Justice Mazahar said that the first question is how to bring the citizens under the ambit of the Army Act.
Yesterday, the Attorney General said that Article 175-3 states that the executive and the judiciary are separate.
The Chief Justice told the Attorney General that now you are raising constitutional points, tell me how the trials will be fair after the facts of May 9, if there was a right to appeal against the decision of the military courts in the Rawalpindi bar case? ? Why can’t there be a right to appeal against the case? I don’t remember any attacks on military installations before, certainly the attacks on May 9 are of a very serious nature, those arrested are ready for trial but the trial should be fair.
Justice Yahya Afridi said that you give the right of appeal under the Army Act, bring the constitutional amendment, why are you asking the court for the right of appeal?
Chief Justice Umar Atta Bandial inquired how much the punishment under Section 7 in military courts. The Attorney General said that under Sections 7 and 9, the punishment in military courts is 2 years imprisonment.
Justice Mazhar Naqvi said that you should fulfill the instructions given in Rawalpindi Bar and Liaquat Hussain case.
The Chief Justice said that the right to appeal in the High Court was given in the Kulbhushan Yadav case. The Attorney General said that an ordinance in 2021 provided for the right of appeal in certain cases against the decision of a military court.
The court adjourned the hearing till Friday ordering the Attorney General to take instructions regarding the case.