PTI, rights watchdog take exception to military justice

Published December 22, 2024 Updated December 22, 2024 09:12am

• Imran seeks global spotlight on ‘miscarriage of justice’; Asad vows to challenge it at every forum
• Ministers jubilant; Tarar says no one involved in May 9 violence will be spared

ISLAMABAD: The PTI has decided to challenge the military court convictions of its supporters at every available forum, as its leadership termed the trials of the May 9 suspects in military courts a blatant violation of fundamental human rights and principles of justice.

The government, on the other hand, labelled the convictions as “justice being served” with the information minister, saying that no one involved in the May 9 riots, prompted by the arrest of PTI leader Imran Khan, would be spared.

In a statement posted on PTI founder Imran Khan’s account of ‘X’, the former prime minister urged the international bodies to take notice of the “miscarriage of justice committed in the name of military trials”.

“Punishing innocent citizens by acting as judge, jury, and executioner through a military trial, after staging May 9 false flag operation themselves, is a blatant violation of human rights,” Dawn.com reported the PTI founder as saying. It may be noted the incarcerated ex-premier does not personally have access to his account.

Former National Assembly speaker Asad Qaiser, in a statement, highlighted that the trials conducted by military courts failed to meet the requirements of natural justice. “The decisions of military courts are a clear breach of fundamental human rights,” he said. “Justice has not been served in these trials, and we will challenge these decisions on every forum available,” he vowed.

“The Supreme Court’s decision has deeply disheartened us. It is unfortunate to see citizens being stripped of their basic constitutional rights,” he said in reference to a recent decision of the constitutional bench that led to the pronouncement of these convictions. The PTI leader warned that such actions would only deepen the sense of despair and disenfranchisement among people. “When judicial institutions are compromised, public confidence erodes, and a wave of hopelessness spreads across the country,” he stated.

Criticising the state of the judicial system, Asad Qaiser lamented, “At this moment, our judicial system stands paralysed, which is a tragedy for the country.”

Leader of the Opposition in the National Assembly Omar Ayub Khan has rejected the decision of military courts to pass sentences on civilians, particularly the PTI officials and workers in custody of the military.

“The decision to sentence civilians in military courts is fundamentally opposed to the principles of justice and fairness,” Omar Ayub said in his post on X. “Those in custody are common citizens and cannot be tried by military courts,” he added.

He went on to describe military courts that sentence civilians as “kangaroo courts,” emphasising that such courts do not have the legal authority to function as part of the state’s judicial power.

“Such decisions undermine the fundamental structure of the Constitution, which is based on the separation of powers,” Omar Ayub emphasised, citing the Supreme Court’s decision in PLD 1999/504 as a reference to support his argument.

Meanwhile, PTI spokesperson Sheikh Waqas Akram has emphasised that such rulings brazenly violate fundamental human rights and the principles of justice, stemming from sham trials and coerced confessions that hold no legal value.

HRCP denounces verdict

In response to the conviction of 25 civilians, the Human Rights Commission Pakistan reiterated its position that no civilian should be tried in a military court under any circumstances.

“This contravenes the fundamental rights guaranteed by the Constitution of Pakistan as well as the international human rights obligations to which Pakistan is a state party. All civilians accused of violence should have been prosecuted in civilian courts through open public proceedings to protect their right to due process and fair trial,” the rights body tweeted.

Likewise, Amnesty International called the move “an intimidation tactic, designed to crack down on dissent” and said it was “contrary to international law”.

‘Justice served’

The cabinet members, however, celebrated the decision.

“May 9 was a dark day, a conspiracy to weaken national defence and betray the country. When all those involved in the May 9, 2023 riots are held accountable we will celebrate,” Attaullah Tarar, the information minister said during the inaugural ceremony of ‘Sasta Christmas Bazaar’ in his constituency NA-127 in Lahore on Saturday.

“The enemies of the nation who attacked military installations on May 9 have been brought to justice. Today, 25 individuals involved in the attack on military installations have been sentenced. Political disagreements should be addressed through reasoning and dialogue,” he said.

“Political terrorists disguised themselves as politicians and engaged in terrorism. Today, they have been punished. By attacking the monuments of the nation’s defenders, they sent a message that the mastermind behind May 9 was the founder of PTI. Justice is being served…no one involved in May 9 events will be spared,” Mr Tarar claimed.

Defence Minister Khawaja Asif said on X that the “delay in the sentencing had boosted the morale of the accused and their facilitators”. Claiming that the convictions were only for those “used” in the riots, the PML-N leader said the matter “would not end until the law reached those who were the planners of this terrible day”. The enemies of the country would continue to boost the morale of such elements, he added.

Zulqernain Tahir in Lahore also contributed to this report

Published in Dawn, December 22nd, 2024

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