Daily Times

You can’t just cherry-pick human rights. By declaring the military trials of as many as 102 civilians arrested in the wake of unprecedented May 9 riots, the Supreme Court has very willingly stepped into a quagmire of its own precedents. If pronouncing the law is above the institutions and taking charge against any possible infringement of human rights was the intent when a 4-1 majority ruling struck down S. 2 (1) (d) of the Army Act on Monday, it should have come up with a series of explanations about its former decisions.

No matter what the propaganda machinery may apply, hundreds of civilians have been tried in accordance with the Pakistan Army Act 1953, amended in 1966, innumerable of which have been presented before the Supreme Court itself. What would explain the approval accorded to at least 20 civilians tried under the law during the tenure of former prime minister Imran Khan? It would be tremendously hard for the said advocates to sweep prior upholding of the jurisdiction of military courts to try and sentence convicts of offences that are subject to the Army Act.

It would do well for the misinterpretations to remember that the decision to try those who had stormed all across the country and made a mockery of the writ of the state according to the military law was taken to ensure they were held to account. That glaring loopholes in the criminal procedure allow anyone with an iota of influence or deep pockets to get scot-free, thanks to our deplorable prosecution rate, is an open secret.

Considering how military courts are established as part of the Judicial System of Pakistan and, therefore, liable to reinforce the existing legal framework, a fact that resonated with the higher judiciary in 2015, 2016 and even 2018, it remains to be seen what defences would be used to maintain the supremacy of those verdicts. The upcoming appeal proceedings would also touch upon a string of failures of civilian instruments of justice, most noticeable of which has been the 2009 attack on Pak Army Headquarters. A general sense of impunity likely offered to perpetrators and facilitators of ghastly incidents, who wouldn’t think twice before orchestrating a viler spectacle hangs heavy in the air. *