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Justice Rizvi Calls Arson and Vandalism a Growing Trend in Civilians’ Military Trial Case

Supreme Court Justice Hasan Azhar Rizvi on Tuesday remarked that the vandalism inside the Lahore Corps Commander’s House on May 9, 2023, reflected a growing trend of arson and destruction.

His comments came during the hearing of an intra-court appeal against the military trials of civilians, presided over by a seven-member constitutional bench led by Justice Amin-Ud-Din Khan.

Advocate Salman Akram Raja, representing convicted accused Arzam Junaid, argued that courts could not be established beyond the scope of Article 175(3) of the Constitution. In response, Justice Muhammad Ali Mazhar pointed out that initial hearings in service-related matters are conducted at the departmental level.

Raja contended that Article 175(3) should also apply to army officers. Justice Naeem Akhtar Afghan noted that the Constitution, enacted in 1973, had undergone a review of martial law regulations under the 18th Amendment. He questioned why the Supreme Court should intervene in matters that fall under parliamentary jurisdiction.

Justice Afghan emphasized that if a military officer were involved, the case would be reviewed accordingly, urging the counsel to remain within the case’s legal framework. He also noted that India had addressed similar issues through legislative amendments.

Justice Rizvi highlighted that footage of the May 9 incidents had been widely broadcast, showcasing the extensive damage to the Corps Commander’s House. He remarked that such acts of destruction had become a culture, comparing them to incidents in Bangladesh and Syria.

Justice Jamal Khan Mandokhail added that breaking into any citizen’s home was a crime. Justice Rizvi then questioned whether similar attacks on Corps Commanders’ Houses had occurred elsewhere. Raja responded that such incidents had taken place and offered to provide examples.

Justice Mazhar asked if concerns raised in previous rulings had been addressed through legislation. Justice Mandokhail lamented that discussions being held in court should instead take place in parliament.

Raja argued that judicial authority should be exercised in sentencing and cited past rulings by the Balochistan High Court that had protected civilians during martial law. He also referenced a notable decision by Justice Waqar Seth, which was mentioned in the International Court of Justice but later suspended by the Supreme Court.

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