ISLAMABAD: The federal government has defended the military trials of civilians by stating that violence against the military and vandalism of army installations directly threaten Pakistan’s national security.
The government argued that such acts are prejudicial to the country’s security, interests, and defense. It cited incidents involving Shakeel Afridi and Kulbhushan Yadav as evidence of foreign powers destabilizing Pakistan.
The government contended that prosecuting those accused of violence against the armed forces under the Army Act is appropriate. This approach aligns with Pakistan’s existing constitutional framework and statutory regime.
In its response submitted through Attorney General of Pakistan (AGP) Mansoor Awan, the federal government urged the Supreme Court to dismiss all petitions challenging military trials of civilians related to the May 9 rioting and vandalism. The government asserted the Army Act and Army Rules offer sufficient safeguards to ensure a fair trial.
The government referenced past cases, including Ali and Said Zaman Khan, where the Army Act provided substantial safeguards.
It is important to note that the information is based on the government’s reply as submitted to the Supreme Court. The outcome of the legal proceedings will ultimately depend on the court’s decision.
The federal government has mentioned the existence of various judicial and quasi-judicial forums with special procedural and legal requirements, similar to the Army Act, and stated that such forums do not violate the principle of due process of law. The government emphasized that a trial by court-martial does not curtail the rights guaranteed under the law. It does not contradict the principles of natural justice, due process, and the right to a fair trial.
The government emphasized that court-martials and district trial courts have coexisted in Pakistan since its establishment. They argued that the legal and procedural processes in court-martial trials are largely similar to ordinary civil and session trials. Moreover, the provisions of the Code of Criminal Procedure, including framing of charges and recording of evidence, are applicable in both.
Damages of the May 9 incident
Additionally, the government mentioned the estimated damage caused on May 9, valuing it at Rs2,539.19 million. It includes losses to military establishments, equipment, and vehicles worth Rs1,982.95 million.
Multiple petitions have been filed challenging the government’s decision to subject the May 9 suspects to military trials. Petitioners include the PTI chairperson, civil society members, senior politician Chaudhry Aitzaz Ahsan, and former Chief Justice of Pakistan Jawad S. Khawaja. The Supreme Court is yet to decide on the matter.
