LEGAL

Supreme Court Questions Security Breach in May 9 Protests

SC questions the legality of trying civilians in military courts over May 9 protests. Defense cites 1967 law; hearing continues tomorrow.
2025-01-14
Supreme Court Questions Security Breach in May 9 Protests

The Supreme Court’s constitutional bench, headed by Justice Aminuddin, on Tuesday continued hearing intra-court appeals challenging the trial of civilians in military courts. The discussion centered on the May 9 protests and their implications for military installations.

The defense ministry’s lawyer, Khawaja Haris, argued that civilian trials in military courts are not unprecedented, citing laws established in 1967. He referenced the FB Ali case, which involved retired personnel, asserting that trials of civilians interfering in military affairs are lawful, even in peacetime.

Judicial Concerns Over Security Breach

Justice Hassan Azhar Rizvi raised significant concerns about security breaches during the May 9 protests, particularly the breach at the Corps Commander House. He questioned whether such an incident constituted a serious lapse in security, even in the absence of armed resistance.

“Entering the Corps Commander House is a security breach. Was there no resistance at the time? Were any military officers held accountable for these incidents?” Justice Hassan Azhar inquired.

In response, Khawaja Haris clarified that the accused protesters are charged with property damage, emphasizing that no military officers were implicated in the events. He further stated that restraint was exercised to prevent casualties.

Civilian Trials in Military Courts

Khawaja Haris maintained that trials for civilians involved in military matters, including conspirators or masterminds, are lawful and will continue under existing legal frameworks. He underscored the historical context of such trials, referencing the FB Ali case during the civil martial law era.

Justice Hassan Azhar noted the distinction between that era and peacetime, suggesting the need for careful scrutiny of the legal basis for civilian trials in military courts.

Hearing Adjourned

The bench adjourned the hearing, scheduling it to continue tomorrow. The court’s decision on this matter will likely set a precedent for civilian accountability in incidents involving military installations.

Context of May 9 Protests

The May 9 protests, triggered by political unrest, led to damage to military installations and raised critical questions about security protocols. The legal proceedings surrounding these incidents have sparked national debate about the balance between civilian rights and national security.