Were any Pakistan Army officers tried for their involvement in May 9 riots? Supreme Court judge asks

A top court judge questioned on Tuesday whether any military officers were held accountable for the security breaches during the May 9, 2023, riots, which saw protesters attacking military installations across Pakistan.

“Were any military officers tried for their involvement in the May 9 incidents?” Justice Hassan Azhar Rizvi asked Defense Ministry counsel Khawaja Haris during a Supreme Court hearing on the legality of civilians being tried in military courts.

The seven-member bench, led by Justice Aminuddin Khan, is examining the legal and procedural implications of these trials in the aftermath of the riots sparked by the arrest of former prime minister Imran Khan. The unrest included high-profile incidents such as the breach of the Lahore Corps Commander’s residence, leading to the detention and sentencing of dozens of Khan’s supporters in military courts.

Justice Rizvi directed pointed questions at Haris, raising concerns about the security lapses. “Protesters entered the Corps Commander’s House. Was any resistance shown when military installations were damaged? While it may not be necessary to use force, was there any attempt to prevent the breach?”

Haris responded that no military officers had been charged in connection with the incidents, adding, “The allegations against the protesters pertain to property damage. Complete restraint was exercised to avoid any loss of life.”

Defending the trials of civilians in military courts, Haris referenced the historical context of such practices, dating back to the 1967 amendments to the Pakistan Army Act under Ayub Khan’s regime. He noted, “In the FB Ali case, those tried were retired personnel. Even during peacetime, interference in military affairs warrants trials in military courts.”

Justice Rizvi emphasized the need for accountability, referencing the precedent set by the FB Ali case. “Who was the mastermind behind the conspiracy? Someone must be held accountable,” he remarked. Haris assured the court that masterminds or conspirators would also face military trials.

The court-martial of civilians was first applied to Brigadier F.B. Ali, who was sentenced to life for attempting to overthrow Prime Minister Zulfikar Ali Bhutto. His appeal was dismissed in 1975, setting a judicial precedent often cited in subsequent cases involving civilian trials in military courts.

The court adjourned the hearing for further arguments.