The upper house of Parliament on Monday passed a resolution backing the military trials of civilians arrested in the wake of violent protests in the country on May 9.
The resolution was tabled by Senator Dilawar Khan at the tail-end of the session. PPP Senator Raza Rabbani and Jamaat-i-Islami Senator Mushtaq Ahmed opposed the resolution.
The resolution tabled in the Senate said that “prima facie an attempt has been made to rewrite the law by impinging upon the legislative authority of Parliament”.
It reiterated that the trial of those accused of violence against the armed forces under the Army Act was an “appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime”.
“Within the country’s constitutional framework, the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts,” it said.
The resolution also expressed solidarity with the families of martyrs, which it said had “expressed feelings of insecurity and treachery” due to the court’s decision.
“Their concern that absence of military court trial is likely to encourage or embolden those responsible for acts of terrorism due to [a] lack of stringent justice in regular courts is fully endorsed,” the resolution said.
It noted that the SC verdict “annuls the sacrifices made by martyrs” in combatting terrorism. “Military courts have played a significant role in addressing terrorism by ensuring that those responsible for terrorist acts are brought to justice. However, this judgment, while abandoning the spirit of martyrdom, grants lenient option to terrorists, anti-state actors, foreign agents, and spies to be tried in normal courts,” the resolution said.
The resolution said the SC had not taken into consideration “existing procedures which make it abundantly clear that the sentences given by military courts are not arbitrary and are conducted following due process and formalities”.
It added that existence of an appeal process against the verdicts issued by military courts had also been overlooked. “The provisions of the Army Act and underlying procedures ensure that the right to a fair trial under Article 10-A of the Constitution is not violated,” it said.
The resolution reaffirmed that May 9 would be remembered as a “dark day in the history of the country”. It also condemned the “anti-state acts” committed against the armed forces, “which the enemies of Pakistan cannot even dare to think of committing”.
“The culprits of May 9, who blatantly attacked defence installations and disgracefully dismantled memorials of martyrs deserve no empathy or leniency, rather they should be tried in military courts and stringent punishments [should] be given to make them an example for internal and external enemies [of] Pakistan by creating deterrence and upholding the supremacy of state,” the resolution said.
It said that Section 2(1)(d) was added to the Army Act in 1967, and civilians had been tried in military courts in the past under the provision while sentences were also carried out.
It added that previous SC verdict had upheld trials under the Army Act by a majority. On the other hand, the bench which announced the recent verdict was “not in unanimity as opposed to previous benches which upheld trials of civilians under the Army Act, hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench,” the resolution said.
