The Supreme Court raised critical questions about the May 9, 2023, security breach at the Corps Commander House in Lahore, often referred to as Jinnah House. The court scrutinized whether any military officer faced trial for the incident, highlighting the significance of accountability in such breaches.
Security Breach in Focus
During Tuesdayās hearing, Justice Hasan Azhar Rizvi emphasized that the entry of individuals into the Corps Commander House constituted a clear security lapse. He questioned how such an intrusion occurred and whether any military personnel were held responsible. Justice Rizvi remarked, āThe entry of people into the Corps Commander House is undoubtedly a security breach.ā
The Debate on Military Trials
The constitutional bench, led by Justice Aminuddin Khan, heard appeals against civilian trials in military courts following the May 9 unrest. He stated that such trials were not unprecedented, referencing the long-standing law since 1967.Haris clarified that the context of military trials was being overstretched, focusing instead on instances involving military security and property.
Accountability Questions Persist
Justice Rizvi repeatedly pressed the Defence Ministry’s lawyer on whether any military officers faced trials for the May 9 events. He asked, āWas there a trial for any military officer involved in the May 9 events?
Justice Rizvi further inquired about the level of resistance during the attacks on military installations, highlighting the absence of any charges against military personnel. The Defence Ministryās lawyer stated that restraint was exercised to prevent loss of life during the unrest.
Complex Jurisdiction of Military Courts
The court also discussed the scope of the Army Act and the Official Secrets Act, which define crimes falling under military court jurisdiction. Justice Mohammad Ali Mazhar noted that these laws outline the boundaries of military trials. Haris clarified that those unaware were not tried in military courts.
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Broader Legal Implications
Justice Jamal Khan Mandokhel raised concerns about accountability, asking, āIf a soldierās rifle is stolen, where will the case be filed?ā The Defence Ministryās lawyer explained that the circumstances would determine jurisdiction. Additionally,
The questions raised underline the ongoing debate over the jurisdiction and fairness of military trials in civilian-related cases.
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