**Military Officer’s Trial in May 9 Case Questioned by SHC**
Justice Musarat asked, “If a soldier has a dispute with a civilian in the cantonment, where would the case go?”
Justice Hasan Azhar Rizvi of the Supreme Court expressed concerns about the intrusion of individuals into the Corps Commander House in Lahore on May 9, 2023, labeling it as a significant “security breach.” During a recent hearing, Justice Rizvi raised questions about whether any military officer had faced trial for their involvement in the May 9 events.
**Expert Insights on the Legal Conundrum**
As the court’s constitutional bench, led by Justice Aminuddin Khan, delved into intra-court appeals challenging the trial of civilians in military courts post the May 9 unrest, expert opinions were solicited. The Defence Ministry’s lawyer, Khawaja Haris, emphasized that those prosecuted in the FB Ali case were retired individuals, shedding light on the legal intricacies of the situation.
**Debating the Jurisdictional Quandaries**
Justice Musarrat Hilali posed a thought-provoking query during the hearing, pondering the rightful jurisdiction of cases involving soldiers and civilians within a cantonment. The Defence Ministry’s lawyer contended that the issue of military trials was being stretched beyond its intended scope, emphasizing the need for clarity on legal boundaries.
**Unpacking the Legal Framework**
In a bid to elucidate the legal landscape surrounding military trials, Justice Hassan Azhar Rizvi invoked historical context, referencing the FB Ali case from the era of civilian martial law under Zulfikar Ali Bhutto’s administration. He probed the Defence Ministry’s lawyer about the absence of trials for military officers implicated in the May 9 incident, hinting at a possible oversight in legal proceedings.
**Ensuring Accountability Amidst Legal Ambiguity**
Despite the lack of charges against military officers for their alleged involvement in the May 9 events, Justice Hassan Azhar Rizvi underscored the importance of identifying potential masterminds orchestrating such incidents. The Defence Ministry’s lawyer reiterated the significance of upholding legal protocols, even in times of peace, to safeguard military interests and national security.
**Navigating Legal Nuances for a Just Resolution**
As the hearing concluded with an adjournment until the next day, the judiciary grappled with reconciling the intricacies of military court jurisdiction with civilian legal frameworks. Justice Aminuddin urged for concise arguments to streamline the legal discourse, hinting at a need for clarity and coherence in legal proceedings. As the legal saga unfolds, the quest for justice and accountability remains paramount in ensuring a fair and equitable resolution for all parties involved.
