The Senate of Pakistan on Monday passed a resolution with a majority vote to conduct the trial of civilians involved in the May 9 riots under the Army Act.
“Reiterating that the trial of those accused of violence against the armed forces under the Army Act is an appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime,” the resolution read.
Senate members Dilawar Khan, Manzoor Kakar, Kauda Babar, Ahmed Khan, and Naseebullah Bazai along with others presented the resolution during a Senate session on Monday.
Senator Mushtaq Ahmad Khan and Senator Raza Rabbani opposed the resolution.
Last month, a five-member bench of the Supreme Court stopped the government from conducting the military trial of civilians arrested in the wake of violent protests in the country on May 9.
Justice Ijaz ul Ahsan, who led the bench, announced the verdict on October 23. The bench also declared Section 2(1)(d) of the Pakistan Army Act against the constitution. The court also declared Section 59(4) (civil offences) of the Act to be unconstitutional.
The decision added that the 102 civilians being held for military trials for involvement in the May 9 incident can only be tried in criminal courts.
“Civilians have been tried in military courts in the past under this provision, and sentences have also been duly carried out. More so, the previous decisions of the apex court have upheld trials under the Army Act by a majority,” the resolution passed in the Senate read.
The bench which announced the recent judgement was not in unanimity as opposed to the previous benches which upheld trials of civilians under the Army Act, hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench, it added.
The Senate called upon the Supreme Court to reconsider its decision regarding the declaration of some sections of the Army Act, including the establishment of military courts, as unconstitutional.
Further, the Senators said that the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts, it added.
They went on to add that they were firmly standing with the families of martyrs, who have made significant sacrifices for the country and expressed feelings of insecurity and treachery due to the Supreme Court’s decision.
“Their [martyrs families] concern that absence of military court trial is likely to encourage or embolden those responsible for acts of terrorism due to lack of stringent justice in regular courts, is fully endorsed,” it added.
Read: No trials in military courts without letting SC know, says CJP
They noted that the judgment of the apex court annulled the sacrifices made by martyrs of the armed forces, civilians, and law enforcement agencies in combating terrorism.
The Senators went on to add that the military courts have played a significant role in addressing terrorism by ensuring that those responsible for terrorist acts are brought to justice.
“However, this judgment while abandoning the spirit of martyrdom, grants lenient option to terrorists, anti-state actors, foreign agents, and spies to be tried in normal courts,” they stated.
They expressed dismay that the apex court did not take into consideration the existing procedures which made it clear that the sentences given by military courts are not arbitrary and are conducted following due process and formalities.
“The existence of an appeal process against military court orders, which involves appeal avenues with the Chief of Army Staff and the President, as well as the option to file writ petitions in high courts that may eventually reach the Supreme Court, has been overlooked,” the document said.
The provisions of the Army Act and underlying procedures ensure that the right to a fair trial under Article 10A of the Constitution is not violated, it added.
“The culprits of May 9 deserve no empathy or leniency rather they should be tried in military courts and stringent punishments be given to make them an example for internal and external enemies to Pakistan by creating a deterrence and upholding the supremacy of State,” the resolution read.
Earlier this month, Lahore police claimed that they had created fresh lists of people involved in the attack on the Corps Commander House, also known as Jinnah House, in Lahore on May 9.
Violent protests erupted in the country after PTI Chief Imran Khan was arrested from his residence in Lahore on May 9 from court premises.
The protesters burned and destroyed several public, private and military installations. The authorities began rounding up those allegedly involved in the protests and vandalism.
