Trials under Army Act justified as May 9 riots planned, not spontaneous: Defence Minister

Defence Minister Khawaja Asif has defended the government s decision to try civilians in military courts, calling their alleged attacks on state installations during May 9 protests an “act of rebellion against the state”

In an interview with Al Jazeera on Wednesday Asif said that the arrests of thousands of civilians over protests sparked in the aftermath of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s arrest were justified He alleged that army installations were intentionally targeted These people attacked their [the military s] offices They attacked their houses They attacked their installations, such as air bases ” Asif said in an interview on Wednesday “They planned it

It was not spontaneous You must understand the gravity of the offence, the gravity of events which took place

Violent protests sparked across the country on May 9 after former premier Imran Khan was arrested from the premises of the federal capital s high court

The government later launched a massive crackdown against PTI leaders and workers, and rounded up thousands of people on charges of attacking civil and military installations

As the crackdown intensified dozens of PTI leaders – including close confidants of Imran Khan –started jumping ship in what was described by the PTI chief as forced divorces

Later, the country s civil and military leaders on May 17 endorsed a decision made a day earlier during a meeting of corps commanders to invoke the Pakistan Army Act 1952 and the Official Secrets Act 1923 against people involved in the May 9 riots

On May 20, the federal cabinet also approved the decision to try the rioters under the Army Act and the Official Secrets Act

However the government has come under fire as human rights groups have been outraged by the decision to hand over civilians to military courts

The Human Rights Commission of Pakistan (HRCP) strongly opposed the use of military laws to try civilians saying that while those responsible for arson and damaging public and private property during the recent protests should be held to account they remain entitled to due process”

When passed in 1952 the Army Act was primarily used to put military personnel on trial before military courts Later amendments also allowed civilians accused of certain offences to be tried by military courts

If convicted by a military court defendants have the right to file an appeal within 40 days be- fore a military court of appeal If the defendants still think they did not receive a fair trial they may appeal to the high court in the jurisdiction in which they were tried

Decision to ban PTI will be made in parliament: On the other hand, Federal Defense Minister Khawaja Muhammad Asif said that PTI rioters crossed “red lines” on May 9 in a way that was never seen before in the history of Pakistan

Talking to the media on the occasion of his visit to Lahore Corpse Commander House (Jinnah House) he said the events that happened on May 9 across the country have suggested that it was a kind of coup Khawaja Asif reiterated the decision to ban the PTI would be made in parliament after consultation with coalition parties

Asif doubted that the public reaction always ensues spontaneously He said that it was a planned attack on military installations “It was a revolt against the state There was no response to when someone attempted to murder Imran Khan Across the worlds there have been instances of attacks on civilian installations, but never has it happened that you attack and disrespect your martyrs’ memorials ” he maintained He questioned that there was no such reaction when Imran Khan was shot so why did it happen upon his arrest?

The commission, headed by Justice Qazi Faez Isa, was formed on May 20 under Section 3 of the Pakistan Commission of Inquiry Act 2017 and is required to conclude the task within a month Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq are also included in the commission which will have “all the power to fix responsibility against the delinquents for their alleged role behind phone tapping and could exercise authority to constitute special teams consisting of experts or form an international team and seek international cooperation or exercise powers under the Criminal Code of Procedure

In its ruling, the top court stopped the proceedings of the audio leak commission and issued notices to the parties The top court will resume the hearing of the petitions on May 31 the written verdict read

The notification regarding the audio leak commission issued on May 19 was also suspended by the SC

The order read that the constitution of the inquiry commission was challenged in four petitions filed in the Supreme Court During the hearing the attorney general raised objections to the bench’s constitution in the initial arguments

The attorney general also raised objections to the inclusion of the chief justice in the bench The order read that it is a constitutional requirement to seek permission from the chief justice prior to acquiring the services of a judge

It further stated that two judges included in the inquiry commission were chief justices of high courts

The federal government constitution the commission without seeking permission from the chief justice and violated the constitutional principle, whereas, the constitution process was also suspicious

Earlier in the day the Pakistan Electronic Media Regulatory Authority (Pemra) sent transcripts of nine alleged audio leaks to the judicial commission for investigation

During the hearing, the CJP said that there were errors in the notification issued by the government for the formation of the commission

“The Constitution gives complete freedom to the judiciary ” he remarked “The investigation that was supposed to be conducted by the institutions was entrusted to judges Justice Bandial further said, We have no other structure but the power of morality and justice After two-hour-long proceedings, the court reserved its verdict on the petitions and said that an appropriate order would be issued today

The hearing

Babar Awan appeared on behalf of the PTI chairman while SCBA President Abid Shahid Zuberi and Secretary Muqtedir Akhtar Shabbir were also present alongside Advocate Riaz Hanif Rahi

At the outset of the proceedings AGP Awan came to the rostrum and objected to the five-member larger bench hearing the case

At this the CJP remarked How can the government select judges of the Supreme Court [to serve] its own purpose?

“Attorney general sahib, this is a matter concerning the judiciary’s independence Enough is enough attorney general sahib take a seat ” CJP Bandial said

He said that the government cannot have judges included in benches as per its wishes He further said that because of the events of May 9, when violent protests broke out in the country following the arrest of the PTI chief, statements that were critical of the judiciary had stopped

“Don’t interfere with our administrative powers ”

Justice Bandial told the AGP We have complete respect for the government he said adding that the judiciary was the protector of basic human rights