The May 9th incident has ignited an uproar in Pakistan, particularly within the armed forces. The attacks on military installations and public property by protestors have been likened to a Black Day and Pakistan’s own 9/11. The governmental agencies and military forces have taken a firm stance on these incidents, vowing no mercy for the civilians involved.
However, the decision by the armed forces and the government to conduct trials of these civilians under The Pakistan Army Act (PAA), 1952, and the Official Secrets Act 1923 has drawn criticism from human rights activists. They argue that the establishment of military courts for this purpose constitutes a clear violation of human rights. The Human Rights Watch has stated that “the trial of civilians in military or special courts may raise serious concerns regarding the fair, impartial, and independent administration of justice.”1 These rising concerns are both valid and thought-provoking, particularly when considering Pakistan’s history with court martial proceedings involving citizens.
In recent years, Pakistani citizens subjected to military trials have seen their proceedings conducted with great confidentiality. The fundamental rights enshrined in Pakistan’s constitution, including the right to a fair trial under Article 10A and the principles of natural justice, are violated through a court martial. This is due to the PAA 1952 providing no protection to the accused compared to the ordinary criminal justice system. The trial details and comprehensive judgments are kept secret, indicating a lack of transparency and a failure to adhere to the right to due process.
These military courts are presided over by judges who are military officers, often lacking knowledge of legal principles and obligated to abide by military command. Such circumstances raise questions about their independence and impartiality, which infringes upon the basic right to a fair trial. An illustrative example is the case of a civilian, Idris Khattak, who was tried in a secret military court and sentenced to 14 years in prison on charges of espionage. Neither his family nor his legal counsel were informed of the case’s details or the trial proceedings, which flagrantly violate the fundamental rights laid down in our constitution.
The government claims that since the protestors were terrorists and attacked military installations, they must be tried under military courts. However, the true motive behind this decision is apparent. The establishment and the government believe that their redline was crossed and want the PTI to pay the price. Nonetheless, military trials remain a symbol of oppression. Multiple journalists and legal experts emphasize that trials should be held in civilian courts to ensure the protection of citizens’ fundamental rights.
The involved protestors must be charged and tried in civilian courts to guarantee justice is served. The ongoing institutional crisis in Pakistan continues to undermine the rule of law and the democratic process. Our country has struggled to flourish as a democracy, with greed for power and political experiments hampering progress. The deep political divide has sown seeds of hatred within our society, which became evident on the 9th of May. Decades of crackdowns on political opponents and the suppression of protesting voices have eroded the rule of law and led to a political crisis. Perhaps the only viable way forward is through a new charter of democracy that champions civilian supremacy, wherein citizens are granted their basic fundamental rights.
1. Pakistan: Don’t Try Civilians in Military Courts. (2023, May 31). Pakistan: Don’t Try Civilians in Military Courts | Human Rights Watch. https://www.hrw.org/news/2023/05/31/pakistan-dont-try-civilians-military-courts
