Government Defends Military Trials Amid May 9 Violence Cases
ISLAMABAD:
The federal government informed the Supreme Court’s Constitutional Bench (CB) on Friday that only 105 out of more than 5,000 individuals accused of violence on May 9, 2023, were prosecuted in military courts, as substantial evidence was available against them.
During the hearing, Additional Attorney-General Amir Rehman clarified that the selection for military court trials was based on solid documentary evidence. “Of the approximately 5,000 suspects, 105 had definitive proof of their involvement at the crime scenes,” Rehman stated before the seven-member bench led by Justice Aminuddin Khan.
Justice Mussarat Hilali referenced the 1999 Plane Conspiracy Case involving former Prime Minister Nawaz Sharif and then-Army Chief General Pervez Musharraf. Justice Hilali noted that despite allegations of an attempted hijacking that led to a military coup, Sharif was not tried in a military court.
Defense Ministry lawyer Khawaja Haris explained that the Pakistan Army Act, 1952, does not cover hijacking offenses, which is why Sharif faced trial in a civil court. He emphasized that the Act applies specifically to violations of the Official Secrets Act, 1923, rather than all terrorism cases.
Justice Hilali raised questions about military courts handling cases initially registered under the Pakistan Penal Code (PPC) and the Anti-Terrorism Act (ATA). She noted that the First Information Reports (FIRs) provided did not mention the Official Secrets Act. Haris clarified that additional charges could be added post-investigation and that military investigations follow distinct procedures separate from police inquiries.
Further, Justice Hilali questioned how judgments in military courts are determined, suggesting that decisions are made by commanding officers who do not directly hear the cases. Haris explained that the Judge Advocate General (JAG) branch assists in drafting judgments.
The bench also inquired about the qualifications of officers presiding over military courts in Pakistan and other countries like the United States. Justice Muhammad Ali Mazhar noted that officers globally conduct courts-martial, while Haris defended their expertise in handling trials.
The hearing was adjourned until Monday, with further deliberations expected.
