Trial for May 9 attacks should be fair: CJP

Islamabad: Chief Justice of Pakistan (CJP) Umar Atta Bandial Wednesday said the attacks of May 9 are undoubtedly serious that have never happened, however the trial for the accused should be fair.

According to details, a six-member bench headed by Chief Justice Umar Atta Bandial comprising Justice Ija-ul-Ahsan, Justice Yahya Afridi, Justice Muneeb Akhtar, Justice Mazahir Ali Akbar Naqvi and Justice Ayesha Malik heard the case.

When the hearing started today, Attorney General of Pakistan (AGP) Mansoor Usman Awan started the arguments, saying: “I will give arguments related to my written answer that I will read because I want to present the timeline of the events of May 9”.

Military installations and property were damaged in various areas between 3:00pm and 7:00 pm on the day. The plane used by MM Alam was vandalized in Mianwali, Corps Commander House Lahore was severely damaged, 62 places were attacked in Punjab in which 52 people were injured said Mansoor Awan.

He continued his arguments stating that on May 9, property was damaged to the tune of 2.5 billion rupees, military installations were damaged to the tune of 1.5 billion rupees.

The Attorney General added that 149 vehicles were damaged. On the occasion, he presented the photographs of the events of May 9 and 10 in the court.

The AGP further said: “The attackers entered the General Headquarters (GHQ) by attacking gate number one, the soldier statue in GHQ was broken, the Army History Museum in GHQ Rawalpindi was attacked and the Army Signals Officers Mess was attacked”.

He also presented the photos of Corps Commander House Lahore to the bench saying that attackers used petrol bombs on May 9.

Chief Justice Umar asked whether the protesters attacked the mosque as well. Responding to which Attorney General said the protesters also attacked the mosque inside the corps commanders house. One of the attackers was wearing the corps commanders uniform, military officers are not inclined to fight the protesters like the police.

The Chief Justice of Pakistan said, "Are you saying that soldiers only know how to shoot?" On this, the Attorney General responded that military officers are not taught to disperse such groups.

Military installations in Gujranwala and the ISI office in Faisalabad were attacked, ambulances were burnt near the High Court in Peshawar, Bannu Camp was also attacked. CMH Abbottabad was under attack, Motorway Toll Plaza was also burnt.

Mansoor Usman said that attacks were carried out on May 9 and 10 under a well-thought-out plan. In Rawalpindi Bar Case, the offenses of a civil nature were brought under the Army Act.

Justice Mazhar Naqvi said that the situation was different at that time, constitutional amendment was made for trial under the Military Act. Attorney General said the crimes under which the charges were filed in the May 9 incidents come under the Army Act.

Justice Mazhar Naqvi asked whether the people you want to try are civilians and if a civilian can be tried without considering Article 175/2.

The Chief Justice said: “The point is that you are saying that the events of May 9 were the first of their kind. According to you, no civilian had ever attacked military installations before May 9”.

Before the constitutional questions, some questions were asked. The answer is important, how will the protection of 102 people who are in military custody be ensured, said CJP?

He also added there is also the point that who else can use the powers of the magistrate? I am not an expert in criminal matters, but the provisions that have been imposed must also be seen.

“The petitioners are not saying that these persons should be released and not punished, just tell them how the case of these people will be looked at impartially,” he remarked.

Chief Justice Umar Atta Bandial asked what provisions have been imposed. AGP the crimes of accused are not of civil nature, Section 302 has also been applied to the accused.

Justice Mazahar Ali Akbar Naqvi asked if there was any death of an army officer. The Attorney General said that there are no reports of casualties of any army officer.

Justice Mazhar Naqvi said that when there was no death of an army officer, how was Section 302 imposed? Attorney General Mansoor responded that this argument is not based on instructions.

Chief Justice said that it would be better for you to take instructions on this matter. The Attorney General replied on the basis of the facts given today, a full court should be formed to hear the case.

Justice Muneeb added the punishments and nature of offenses under the Official Secrets Act are different.

Justice Mazahar Ali Akbar Naqvi asked who will be the presiding officer in the investigation. The AGP said that the Field General Court Martial will be the presiding officer.

He further said the first question is how to bring civilians under the ambit of the Army Act.

Attorney General said that it was submitted yesterday that Article 175-3 says that the executive and the judiciary are separate.

Chief Justice replied to AGP that now you are raising constitutional points. After the facts of May 9, tell me how the trials will be fair. If there was a right to appeal against the decision of the military courts in the Rawalpindi bar case, why can't there be a right to appeal against the trial?

“I do not remember that such attacks have ever taken place on military installations before, undoubtedly the attacks on May 9 are of a very serious nature, those arrested are ready to go to trial but the trial should be fair,” said Umar.

Justice Yahya Afridi said that you should grant the right of appeal under the Army Act, bring a constitutional amendment, why are you asking the court for the right of appeal?

Chief Justice Umar Atta Bandial asked how much is the punishment in military courts under Section 07? Attorney General said that under Section 07 and 09, the punishment in military courts is two years imprisonment.

Justice Mazhar Naqvi said that you should fulfill the guidelines given in Rawalpindi Bar and Liaquat Hussain case.

Chief Justice said if the right to appeal in the High Court was given in the Kulbhushan Jadhav case. The Attorney General replied that through an ordinance in 2021, the right of appeal was given in specific cases against the decision of the military court.

Justice Ayesha Malik said that the constitution protects the fundamental rights of every person. The provision of fundamental rights in the present case is also an important question. The fundamental rights of all the arrested persons should have been protected in the whole process. Neither where are they nor have their names been made public.

Justice Muneeb said that the Army Act was designed for those people to whom fundamental rights are not applicable. There is no mistake in the Army Act, the law was made for certain people, now these people should also be dragged under the Army Act. There is a difference in the design, parameters and requirements of the Army Act. The facts of the data you presented, the nature of the allegations are very serious.

Justice Mazahar said that the military courts only write in the judgments that the crime has been proven or not.

Chief Justice Bandial said: “There will be detailed reasons in the military courts”. Attorney General said that if the Supreme Court gives an order, the detailed reasons will also be included in the decision of the military courts.

He further said you have to be satisfied that there will be a right of appeal after the trial. Kulbhushan, who was arrested on charges of espionage, was given the right to appeal in the High Court.

Attorney General Mansoor that through the legislation he was given the right to an "alien". Justice Ijaz-ul-Ahsan smilingly remarked that he is an alien or an Indian? The word Alien has meanings and interpretations.

Chief Justice said: “Let me give you a suggestion, take instructions on the Army Act that applies to a certain class, not to all, you should take a couple of days”.

The court adjourned the hearing of the case till 9:30 am on Friday.