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Legal experts discuss Pakistan Army Act civilian trials

News Editor 17 May, 2023

Islamabad: Lawyers and jurists have debated the validity and rationality of trying the May 09 arsonists under army law since the announcement.

Former prime minister Imran Khan blamed agencies for the riots, but Pakistan Tehreek-e-Insaf (PTI) blamed for orchestrating and abetting them.

After the special CCC on Monday, top military brass pledged to try the arsonists who burned civil and military installations under the Pakistan Army Act and Official Secrets Act.

“Based on the irrefutable evidence collected so far, armed forces are well aware of the planners. Instigators, abettors, and perpetrators of these attacks, and attempts to create distortions in this regard absolutely futile,” said ISPR.

The ruling Pakistan Muslim League-Nawaz (PML-N) supports the plan, but constitutional experts say army trials are less transparent.

SCBA president Abid Zuberi said that people who destroy military installations can be charged under the army legislation.

Zuberi called for harsh punishment following a fair trial for those who attacked the Corps Commander House in Lahore and other military institutions.

The Army Act can prosecute civilians who destroy military installations. The legal expert said the Army Act revised in 2017. The Constitution guarantees civilians a fair trial.

Military courts can’t try civilians transparently. Justice Waqar Seth, former chief justice of Peshawar High Court, deemed military court sentences invalid. Several Supreme Court verdicts have reviewed military court decisions.

Zuberi argued that anti-terrorism tribunals should try civilians, not military courts.

Kamran Murtaza, former SCBA president and JUI-F senator, remarked, “I was against the military courts earlier and I am still against it today.”

He supported the government’s vandalism prosecutions.

“May 9 was terrible, but the arsonists should be tried in civil court.”

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Next: Fawad Chaudhry calls May 9 vandalism “extremely shameful”

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