Islamabad, January 14, 2025: Justice Hasan Azhar Rizvi of the Supreme Court on Tuesday termed the entry of people into the Corps Commander House in Lahore during the May 9, 2023, riots as a “security breach.”
“Did people reach the Corps Commander’s house on May 9? People entering the Corps Commander’s House is indeed a security breach,” Justice Rizvi remarked during a hearing of intra-court appeals against the trial of civilians in military courts.
The remarks came as a constitutional bench, led by Justice Amin-Ud-Din Khan, resumed hearings on the controversial trials. In its October 23, 2023, unanimous verdict, a five-member bench of the apex court had declared the trials of civilians in military courts null and void, ordering that 103 suspects be tried in civilian courts. However, this decision was suspended on December 13, 2023, by a six-member bench with a dissenting note from Justice Musarrat Hilali.
In December 2024, the constitutional bench conditionally allowed military courts to pronounce verdicts for 85 civilians accused of participating in the May 9 riots. Last month, military courts handed down sentences to all 85 accused. However, 19 convicts were recently pardoned after appealing for clemency.
The May 9 riots were triggered by the arrest of the Pakistan Tehreek-e-Insaf (PTI) founder in a corruption case, leading to violent protests that targeted state installations, including the General Headquarters.
During the hearing, Khawaja Haris, representing the Ministry of Defence, emphasized that the trial of civilians under military law was not unprecedented, as relevant laws have existed since 1967. He cited the FB Ali case, where retired individuals were prosecuted during civil martial law, adding that civilians interfering in military matters could face military court trials even during peacetime.
Justice Rizvi raised concerns about accountability, questioning whether any military officer was tried for their involvement in the May 9 events. He also inquired if necessary resistance, such as opening fire, was employed to protect military installations during the riots. The Ministry of Defence’s counsel responded that no military officer was charged and that protesters were tried only for property damage, with complete restraint observed to prevent loss of life.
Justice Jamal Khan Mandokhail queried whether a soldier’s stolen rifle would fall under civilian or military jurisdiction. Haris explained that the circumstances of the theft would determine the trial’s jurisdiction. Justice Hilali questioned whether civilians unaware of their actions during the riots were also prosecuted, to which the defence lawyer clarified that only those with clear involvement were tried in military courts.
The hearing was adjourned until Wednesday, with the court expected to deliberate further on the contentious issue of civilian trials in military courts.
