Mastermind of May 9 to be tried in Military Court, Haris argues before SC

Islamabad: Counsel for the Ministry of Defense Advocate Khwaja Haris has argued before the Supreme Court that whoever disrupt the military discipline will be tried in military courts and conspirator and mastermind of the event would also be tried under Army Act.

A seven-member constitutional bench headed by Justice Aminuddin Khan is hearing the case related to the trial of civilians in military courts. Justice Jamal Mandokhel, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan are also part of the bench. The arguments are being given by the lawyer of the Ministry of Defense, Khawaja Haris.

While giving arguments during the hearing, the lawyer of the Ministry of Defense, Khawaja Haris, said that the trial of inciting a soldier to stop him from working will be under the Army Act. The Supreme Court has ruled in the past that retired personnel are civilians.

Justice Jamal Mandokhel stated in his remarks that you are completely dependent on the FB Ali case. Both retired and serving officers were involved in the FB Ali case. In the current case, is anyone accused of inciting the army to stop work? Under the Army Act, a crime will be committed only when an official complains or is involved.

Khawaja Haris replied that whoever disrupts the discipline of the army will go to the military court. Justice Jamal Mandokhel asked whether attacking an army convoy would also constitute a disruption of discipline. Justice Musarrat Hilali asked whether if a soldier has a dispute with a civilian at a check post, would this also constitute disruption of discipline?

While talking to Khawaja Haris, Justice Jamal said that the scope of the Army Act is as wide as you are expanding it.

Justice Hassan Azhar Rizvi stated in his remarks that keep in mind the aspect that the FB Ali case is from the Martial Law era. Zulfikar Ali Bhutto was the Civil Martial Law Administrator at that time. FB Ali case was filed in an attempt to remove Zulfikar Ali Bhutto, Martial Law ended when the Constitution was made.

The Defense Ministry’s lawyer added that it is correct, but there is no mention of the imposition of emergency in the court decision. The people against whom the case was tried in the FB Ali case were retired.

Justice Mussarat Hilali asked that if a soldier disagrees with a civilian in the cantonment, where will the case go? Khawaja Haris replied that the disagreement is a different matter, to which Justice Jamal Mandokhel said in his remarks that the issue of military trials is being expanded a lot.

Khawaja Haris replied that even in times of peace, the trial of civilians for interfering in military affairs will be held in military courts. Justice Hassan Azhar Rizvi asked, “After all, there will be a mastermind, who hatched the conspiracy?”

The defense ministry's lawyer replied that the trial of the conspirator or mastermind would also be held in a military court. Trials of civilians are not happening suddenly. The law has been in place since 1967.

Justice Hassan Azhar Rizvi said, “Khawaja, you are the defense ministry's lawyer. Answer an important question. Was there a trial for the involvement of any military officer in the May 9 incidents? How did people reach the Corps Commander's House without weapons on May 9? The fact that people entered the Corps Commander House is a security failure”.

Khawaja Haris replied that the protesters were accused of damaging property. No military officer was tried in the May 9 incident.