NA, Senate demand May 9 trials under Army Act

ISLAMABAD: The National Assembly on Monday passed a resolution calling upon the government to complete process for start of trial of all those involved in attacks on military buildings and installations on May 9, under the Army Act 1952 without any delay.

The National Assembly, on the resolution moved by Defence Minister Khawaja Asif, noted that all over the world, it is the armed forces which could take action against elements who are involved in attacking military installations.

The House noted that there is constitutional and legal protection in Pakistan against such elements. “Therefore, all the formalities be completed without any delay so that such people are given exemplary punishment under the Army Act 1952. The National Assembly noted that a political party and its chairman crossed all the limits in their actions against institutions concerning the country’s security and they attacked military installations.

“The actions of this party and its chairman caused irreparable loss to the country, state and state institutions,” the resolution said, adding that process against them under the Constitution and law should be complete without delay of even a single day.

The House noted that even the leaders and workers of the same party were refusing to share burden of anti-state activities of their party and party chairman, and they also expressed disassociation with the chairman and attackers. “It also certifies this party and its head are following anti-state agenda,” the resolution observed.

The House also declared that there has been no violation of human rights while taking action against such miscreants and a smear propaganda campaign is being run based on fake and vulgar allegations without any truth.

Maulana Abdul Akbar Chitrali of Jamaat-e-Islami (JI), however, opposed trial of people involved in May 09 violence under the Army Act 1952. “This law is meant to take legal action against those elements who are involved in actions which can be expected only from the enemy,” he said.

Speaking on a point of order, the JI parliamentarian on behalf of his party, maintained that trial of such elements in military courts would mean that country’s institutions and civil judiciary have failed to provide justice.

He said that his party would not object if miscreants involved in violence are subjected to face trial in anti-terrorism courts and even if they are hanged as per law of the country but is against referring cases to military courts.

The defence minister, while referring to text of the resolution, said that in all the countries, it is the armed forces which could hold trial of people who are involved in attacks on military courts.

He pointed out that the government did not executed any special legislation but wanted trial of miscreants under the already existing Army Act 1952. “The leaders and workers of a party targeted those buildings which are symbol of country’s defence,” he said, adding that the government could also not compromise on dignity of martyrs.

He maintained that action should be taken against elements from inside or outside the country who attack country’s military installations and declare war against defence institutions. “Head of this party attempted to stab in back of defence institutions and country’s interests only because he lost power,” he said.

He recalled that the miscreants attacked military buildings and installations including the General Headquarters, Jinnah House and Mianawali airbase. “They also attempted to burn 85 aircraft parked inside the airbase and after failing in their designs, they burnt model of an aircraft outside the base,” he said.

He pointed out under the Army Act 1952 any convict would have the right to appeal to the Army Chief, high court and the Supreme Court whereas Nawaz Sharif did not have the right to appeal to any forum.

Khawaja Asif pointed out that some organisation are levelling allegations of human rights violations but they could not see glaring violations of human rights in Kashmir and Palestine.

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) strongly rejected the government resolution as an attempt to save May 9 masterminds, calling it a shameful bid to blame the party and its chairman.

A spokesperson of the party also strongly condemned the attempts to prosecute political opponents, especially PTI workers and leaders, in military courts. “The resolution is a condemnable attempt by the PDM government to completely deviate from the Constitution and democracy to save its politics. The PTI completely rejects the government resolution presented in the National Assembly,” he said.

He claimed PTI and Chairman Imran Khan condemned the May 9 arson and vandalism of military buildings and the party chairman also condemned the brutal killing of 25 innocent civilians and injuries to hundreds of peaceful civilians.

“Chairman Imran Khan has demanded an independent probe into the May 9 arson and killing of unarmed civilians. The PDM government, consisting of criminals, has blamed the PTI by putting the Constitution and law behind to cover up its failure and achieve political goals,” the spokesperson maintained.

He said, “Under the cover of the May 9 incidents, an attempt was made to crush the PTI with state power and oust it from politics. The Constitution does not allow prosecution of civil suspects in military courts: Attempts to use military courts for political engineering are shameful,”

Local and international human rights organisations, he noted, have strongly opposed the existence of military courts and their use against the civilian population.

At the very outset of the Senate, a resolution was adopted, expressing deep dismay over the violent acts, and demanding that the culprits, planners, facilitators and instigators be brought to justice.

Introduced by Minister of State for Law Shahadat Awan, the resolution condemned the shocking, brazen, shameless and distressing acts of arson and vandalism that unfolded on the May 9.

It deplored the attacks on Jinnah House, Lahore, monuments of martyrs and national heroes, buildings and installations of military installations and Radio Pakistan, Peshawar.

The resolution paid glowing tributes to the armed forces for safeguarding the motherland from all internal and external threats.

Expressing solidarity with the families of the martyrs, the house resolved to hold their services for the motherland in high esteem for all times to come.

Referring to the May 9 incidents, Law Minister Senator Azam Nazeer Tarar charged that it was not the incident of just one day, rather there was a complete history behind.

He said a mindset was nurtured, and with incitement and instigation, a full preparation was made for that day. He condemned the incidents and said these would not be tolerated by the state and the nation under any circumstances.

In response to the opening budget speech of the Leader of Opposition Dr. Shahzad Waseem, Senator Tarar welcomed what he called his tone and tenor as a befitting way for democratic institutions, which had its beauty and a way forward.

He was hopeful the same would be adopted for the strengthening of democratic entities and proposals would be floated for what the masses aspired.

He also acknowledged that the leader of opposition had made constructive criticism of the budget and the proposals he made like focusing on how to take the economy out of woods and the weaker segments of the society.

“While the doors for consultations and dialogue should be kept open, there is also a need for some retrospection as to how through adventurism, political forces and certain apolitical ones, PM Nawaz Sharif was sent home by handing down a controversial verdict in April 2017. It was time when one dollar valued Rs106.30 and also economic indicators were positive and growth was promising too and commodity rates were affordable,” he noted.