The incidents of May 9 will remain part of the political discourse for the days ahead. We have seen condemnations from various segments of society over the attack on military installations. The civil and military leadership is unanimous that the miscreants should be given an exemplary punishment.
The contentious issue remains whether the trials of the miscreants involved in the riots should be held in military courts under the Army Act 1952 and Official Secret Act 1923. PTI chief Imran Khan has also challenged the trial of civilians in military courts in the Supreme Court. The hearing of the case has not been fixed but could be landmark for military-judicial relations.
There have been rising voices from the legal community on trial in military courts. Noted lawyer and constitutional expert Aitzaz Ahsan has also approached the top court against the trial of rioters in military courts. He maintains that trials from May 9 rioters cannot be held without a constitutional amendment. He contends that the trial of civilians by the military on civilian offenses is against the independence of judiciary and the rights of every Pakistani citizen.
Legal experts and lawyers have also cited the previous judgments that there shall be no parallel legal systems in the country which bypass the operation of courts. Military courts were revived after the APS tragedy in 2014 for the trial of terrorists and have lapsed. The government believes that such no amendments are necessary for the trials.
The latest jurist to add his voice against military court is former SC Chief Justice Jawwad S. Khawaja, who says the trial of civilians is unconstitutional. Interestingly, even the PPP which is an ally in the coalition government has been opposing military trials of civilians in wake of May 9 vandalism. This silent dissent diverges from the PML-N position of prosecuting the attackers.
The PML-N even hurriedly passed a resolution moved by Defence Minister Khawaja Asif on the speedy trial on the May 9 attackers. Interior Minister Rana Sanaullah made headlines when he claimed that PTI chief would also be court-martialed and tried in military courts for his alleged role in the attacks.
The Supreme Court should hear the cases as the supremacy of the judiciary is at stake. The trials of civilians in military courts amounts to interfering in the independence, powers and authority of the judiciary, the judicial system and administration of criminal justice. It is tantamount to abdicating powers in favour of another institution. The case will test the military-judicial relations but is a process which must be followed.
