Counsel for the Ministry of Defense Advocate Khawaja Haris has said that peaceful protest is the right of every citizen but there is a limit to politics and protest. What happened on May 9, 2023 was beyond politics and peaceful protest. Attack on state properties and breaching security cannot be termed exercise of democratic rights.
He was arguing before the seven-member constitutional bench of the Supreme Court of Pakistan on Friday in proceedings regarding trial of civilians in military courts. The Bench is headed by Justice Amin ud Din Khan and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan.
Supporting the argument of the Counsel, Justice Hasan Azhar Rizvi remarked that tearing uniform of a policeman is a crime. Corps Commander Residence in Lahore was set on fire. The same day and almost at the same time, state properties were attacked at various places across the country. The Court is not denying happening of the crime, he said.
Justice Jamal Mandokhial remarked that what happened on May 9 is a fact and it is established that crime is committed. The Court has not given clean chit to the culprits of May 9. The questions is, however, where they accused should be tried? 21 Constitutional Amendment gives protection to political activists from trial in a military court.
Justice Muhammad Ali remarked that all crimes are mentioned and explained in the law. A case will go to military court if it fits for proceedings under the Army Act.
Khwaja Haris told the court that the whole procedure of fair trial is explained in the rules and in the Army Act. 21 Amendment was sustained by a majority judgment of eight judges of the Supreme Court. Every judge sustained the amendment in his own way. To a question by the Court, Khwaja Haris said that no judge in the 21 Amendment case felt a need to review judicially the judgement of the FB Ali petition in which a civilian was tried in a military court.
Justice Mandokhail remarked that Parliament is termed to be Supreme. Were the accused of attack on the Parliament were tried in a military court? Is attack on the Parliament is not contemptuous? The proceedings were adjourned to be continued on Monday, January 20.