Aitzaz approaches SC against military trial of May 9 rioters

Islamabad: Aitzaz Ahsan, a prominent leader of the Pakistan Peoples Party (PPP), has filed a petition with the Supreme Court opposing the decision to try the suspects involved in the May 9 riots in military courts. The riots, sparked by the arrest of PTI chief Imran Khan, resulted in the vandalism of public and private properties, including army installations.

In his plea submitted on Saturday, Aitzaz Ahsan recalled that the Pakistan Army had decided during a Corps Commanders Conference on May 15 to try civilians involved in the May 9 incidents in military courts established under the Pakistan Army Act, 1952. The decision was later approved by the federal cabinet on May 19 and reiterated by the Formation Commanders' Conference on June 7.

Ahsan's petition not only challenges this decision but also raises concerns about various laws that allow the trial of civilians in military courts. He further highlights that the trial of civilians by military authorities for civilian offenses during peacetime goes against the constitutional separation of powers, the independence of the judiciary, and the fundamental rights of every Pakistani.

The plea emphasizes that the trial of civilians in military courts, especially under the present circumstances, is illegal, unconstitutional, and discriminatory. Aitzaz Ahsan clarifies that the purpose of the petition is to ensure that all civilians arrested for their alleged involvement in the May 9 violence are tried according to due process and fair trial by civilian courts.

The plea also criticized the crackdown on the PTI after May 9, including media blackouts, arrests, and disappearances of citizens, and the registration of numerous FIRs. It argued that military trials violate international covenants and specific articles of the Constitution, and result in discrimination and a lack of public scrutiny.

Aitzaz Ahsan asked  the court to declare the trial of civilians before military courts under the Army Act as unconstitutional and violative of several articles of the Constitution. The petition sought  the court's declaration of specific sections of the Army Act as ultra vires or their inapplicability to the offenses allegedly committed during the May 9 events.

It also asked the court to declare certain provisions as discriminatory and arbitrary, and to review the referral of accused individuals by Anti-Terrorism Courts to military courts.