ISLAMABAD: Leader of the opposition in the Parliament, Omar Ayub has taken to the X (Twitter) to proclaim that PTI rejected the Military Courts’ sentences handed down on Saturday (21st Dec, 2024) to 25 individuals apropos 9 May riots.

Omar Ayub, calling Military Courts as Kangaroo Courts, held that it had no jurisdiction to hear cases and sentence civilians, undermining the principles of justice: “Military courts are not legitimate judicial partners of the state’s judicial power. Armed forces are part of the state’s administrative apparatus, not the judiciary.”

Omar Ayub reiterated that such courts violated judicial independence and the constitutional principle of separation of powers, undermining the foundational features of the Constitution.

PTI’s Asad Qaiser stated: “These trials have failed to meet the standards of justice…Citizens have been deprived of their basic rights. When courts are compromised, public trust erodes, leading to widespread despair. The current judicial system is paralyzed, which is a tragedy for the country.”

Following the SCP’s 13th Dec, 2024 decision, allowing Military Courts to announce verdicts apropos 85 individuals nabbed in the case of 9th May riots (that were sparked after Imran Khan was arrested), 25 have been incarcerated (from two years to a decade) here on Saturday (21st Dec, 2024) they retain the right to appeal and other legal recourse, as guaranteed by the law and the Constitution.

Following accused have been sentenced:

Jan Muhammad Khan — Jinnah House Case (10 years)
Muhammad Imran Mehboob — Jinnah House Case ((10 years)
Raja Muhammad Ehsan — GHQ Case (10 years)
Rehmat Ullah — Punjab Regimental Centre Mardan Case (10 years)
Ali Iftikhar — Jinnah House Case (10 years)
Zia ur Rehman — Jinnah House Case (10 years)
Adnan Ahmed — Punjab Regimental Centre Mardan Case (10 years)
Shakir Ullah — Punjab Regimental Centre Mardan Case (10 years)
Anwar Khan — PAF Base Mianwali Case (10 years)
Abdul Hadi — Jinnah House Case (10 years)
Ali Shan — Jinnah House Case (10 years)
Daud Khan — Jinnah House Case (10 years)
Umar Farooq — GHQ Case (10 years)
Babar Jamal — PAF Base Mianwali Case (10 years)
Muhammad Afaq Khan — Bannu Cantt Case (09 years)
Daud Khan — Chakdara Fort Case (07 years)
Faheem Haider — Multan Cantt Check Post Case (06 years)
Muhammad Hashir Khan — Jinnah House Case (06 years)
Zahid Khan — Multan Cantt Check Post Case (04 years)
Muhammad Ashiq Khan — Jinnah House Case (04 years)
Khuram Shahzad — Multan Cantt Check Post Case (02 years)
Muhammad Bilawal — Jinnah House Case (02 years)
Said Alam — Punjab Regimental Centre Mardan Case (02 years)
Laeeq Ahmed — ISI Office Faisalabad Case (02 years)
Yasir Nawaz — Punjab Regimental Centre Mardan Case (02 years)

13th December, 2024 Verdict of SCP’s Constitutional Bench:

It may be recalled that the Constitutional Bench of the SCP, headed by Justice Aminuddin Khan, on 13th Dec, 2024 has allowed the Military Courts to announce verdicts apropos eighty-five civilian who are accused of involvement in 9th May, 2023 riots.

Verdicts of the Military Courts will be subject to the decisions of under-trial/pending cases in the SCP. Justice Aminuddin Khan ordered: “Suspects who can be accorded concessions in their sentences, should be given so and released. Suspects who cannot be released should be moved to jails once their sentence has been pronounced.”

Former CJ of SHC, Justice (R) Shaiq Usmani (presently in the BoDs of F. Human Rights Institute), while commenting on the SCP’s verdict, has informed that there was a provision* in the Pakistan Army Act (1952, that was later endorsed by Majlis-e-Shoora) that allows Military Courts to try any individual involved in destruction of Military Installations.

Maintaining that until the specific provision* was axed out of the Pakistan Army Act, trials of such accused could be carried out by Military Courts. Justice (R) Shaiq Usmani further told that a verdict by a Military Court could be challenged in High Court. The Constitutional Bench’s Friday verdict is bound to augment the PTI predicament.

*Section 2(d)(i)(ii) of the Army Act, 1952 provides for civilians, who commit certain offences that are directed towards military installations and an offence under Official Secret Act to be subject to Pakistan Army Act, 1952 thereby making them liable to be tried under Pakistan Army Act.

Newspakistan.tv