SC bench sees 'security failure' in Jinnah House attack
Pakistan
Justice Mandokhail noted that Army Act's scope could extend to almost anyone
ISLAMABAD (Dunay News) - The Supreme Court of Pakistan constitutional bench on Tuesday raised concerns over the security failure during the May 9 incidents, emphasising how protesters managed to enter the Corps Commander’s house.
A seven-member constitutional bench, headed by Justice Aminuddin Khan, is hearing the case on civilian trials in military courts. The bench comprises Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan, and Shahid Bilal Hassan.
Advocate Khawaja Haris is representing the Ministry of Defence in the case.
During the proceedings, Khawaja Haris argued that trials under the Army Act applied if civilians incited military personnel to abandon their duties. He cited past Supreme Court judgments and stated that the law existed since 1967.
Justice Jamal Mandokhail questioned the applicability of the Army Act, noting that its scope, as Khawaja Haris presented, could extend to anyone. He also pointed out the differences between the current case and the FB Ali Case, which occurred during martial law and involved both retired and serving officers.
Justice Hasan Azhar Rizvi asked critical questions about the masterminds behind the May 9 events and whether any military officers were implicated. Khawaja Haris responded that no military officers were on trial and that allegations primarily involved damage to property.
Justice Rizvi remarked that trespassing on the Corps Commander’s house without armed resistance reflected a significant security lapse.
Justice Musarat Hilali remarked that many individuals on May 9 were simply heading somewhere unaware of the situation they were being involved in.
The Ministry of Defence's lawyer stated that these individuals have not undergone trial in military courts, and that he would provide details of the accused.
The Supreme Court later adjourned the hearing on the intra-court appeal against civilian trials in military courts until tomorrow, with the Ministry of Defence's lawyer, Khawaja Haris, expected to continue his arguments.