Military courts convict 25 of May 9 riots

RAWALPINDI/ LAHORE: Twenty-five individuals involved in the May 9, 2023 attacks on state installations have been sentenced to 2 to 10 years by military courts, the Inter-Services Public Relations (ISPR) reported on Saturday.

“Field General Court Martial (FGCM) have in [the] first phase promulgated the punishments to 25 accused,” the military’s media wing said, about the suspects who resorted to violence during the May 9 protests.

The protests broke out after Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan was taken into custody in a graft case. In turn, scores of PTI workers were arrested and more than 100 civilians are facing military trials.

However, the party maintains that it had no role in the incidents involving military installations, including the attack on the General Headquarters (GHQ), and has called for a judicial probe into the last year’s events.

The military’s media wing added that the promulgation of the sentences of remaining accused is also being done and will be announced shortly, as and when the due process is complete.

“All convicts retain the right to appeal and other legal recourses, as guaranteed by the law and the Constitution,” the ISPR said in the statement.

The military trials were initially halted after a Supreme Court ruling; however, the constitutional bench had last week directed that the cases pending due to the earlier order be finalised and judgements in the cases of those accused found involved in these violent incidents be announced.

Explaining the attacks, the ISPR said that on May 9, the nation witnessed tragic incidents of politically provoked violence and arson at multiple places, marking a dark chapter in the history of Pakistan.

Building on a sustained narrative of hate and lies, the ISPR said, politically orchestrated attacks were carried out on the installations of armed forces, including the desecration of the monuments of Shuhada (martyrs). “These blatant acts of violence not only shocked the nation but also underscored [the] necessity of checking this unacceptable attempt of political terrorism to impose own perverted will through violence and coercion.”

Sequel to the events of this ‘Black Day’, through meticulous investigations, irrefutable evidence was collected to legally prosecute the accused involved in the tragedy, the statement mentioned.

Certain cases were subsequently referred for Field General Court Martial as per law, it said, where they underwent trials following due process.

The military’s media wing said that the handing down of sentences to the individuals was an “important milestone” in dispensation of justice to the nation. It is also a stark reminder to all those who are exploited by the vested interests and fall prey to their political propaganda and intoxicating lies, to never take law into own hands ever in the future, the statement mentioned.

The ISPR further said that several accused are also being tried in various anti-terrorist courts and their cases are being pursued as per the law. However, it said, justice would “truly be fully served” once the mastermind and planners of the May 9 tragedy are punished as per the Constitution and laws of the land.

“The state of Pakistan will continue to vigorously pursue dispensation of justice to ensure the establishment of the inviolable writ of the state, so as to uproot this evil of violence-driven disruptive and destructive politics based on hate, divisiveness and baseless propaganda.”

The ruling comes days after Khan was indicted by an anti-terrorism court on charges of inciting attacks against the military. An army general who served as the chief of country’s premier spy agency, Inter-Services Intelligence (ISI), Faiz Hamid, is also facing a military investigation on the same charges.

Those who get imprisonment include Jan Muhammad Khan, s/o Toor Khan, 10 years rigorous imprisonment, involved in Jinnah House incident; Muhammad Imran Mehboob, s/o Mehboob Ahmed, 10 years rigorous imprisonment, involved in Jinnah House incident; Raja Muhammad Ehsan, s/o Raja Muhammad Maqsood, 10 years rigorous imprisonment, involved in GHQ attack incident; Rehmatullah, s/o Manjoor Khan, 10 years rigorous imprisonment, involved in Punjab Regimental Centre Mardan incident; Anwar Khan, s/o Muhammad Khan, 10 years rigorous imprisonment, involved in PAF Base Mianwali incident; Muhammad Afaq Khan, s/o M Ishfaq Khan, 9 years rigorous imprisonment, involved in Bannu Cantt incident; Daud Khan, s/o Ameer Zaib, 7 years rigorous imprisonment, involved in Chakdara Fort incident; Faheem Haider, s/o Farooq Haider, 6 years rigorous imprisonment, involved in Jinnah House incident; Zahid Khan, s/o Muhammad Khan, 4 years rigorous imprisonment, involved in Multan Cantt Check Post incident; Yasir Nawaz, s/o Ameer Nawaz Khan, 2 years rigorous imprisonment, involved in Punjab Regimental Centre Mardan incident; Abdul Hadi, s/o Abdul Qayyum, 10 years rigorous imprisonment, involved in Jinnah House incident; Ali Shan, s/o Noor Muhammad, 10 years rigorous imprisonment, involved in Jinnah House incident; Daud Khan, s/o Shad Khan, 10 years rigorous imprisonment, involved in Jinnah House incident; Umar Farooq, s/o Muhammad Sabbir, 10 years rigorous imprisonment, involved in GHQ attack incident; Babar Jamal, s/o Muhammad Ajmal Khan, 10 years rigorous imprisonment, involved in PAF Base Mianwali incident; Muhammad Hashir Khan, s/o Tahir Bashir, 6 years rigorous imprisonment, involved in Jinnah House incident; Muhammad Ashiq Khan, s/o Naseeb Khan, 4 years rigorous imprisonment, involved in Jinnah House incident; Khuram Shahzad, s/o Liaqat Ali, 3 years rigorous imprisonment, involved in Multan Cantt Check Post incident; Muhammad Bilawal, s/o Manzoor Hussain, 2 years rigorous imprisonment, involved in Jinnah House incident; Said Alam, s/o Maazullah Khan, 2 years rigorous imprisonment, involved in Punjab Regimental Centre Mardan incident; Laeeq Ahmed, s/o Manzoor Ahmed, 2 years rigorous imprisonment, involved in ISI Office Faisalabad incident; Ali Iftikhar, s/o Iftikhar Ahmed, 10 years rigorous imprisonment, involved in Jinnah House incident; Ziaur Rehman, s/o Azam Khurshid, 10 years rigorous imprisonment, involved in Jinnah House incident; Adnan Ahmed, s/o Sher Muhammad, 10 years rigorous imprisonment, involved in Punjab Regimental Centre Mardan incident and Shakirullah, s/o Anwar Shah, 10 years rigorous imprisonment, involved in Punjab Regimental Centre Mardan incident.

Following the decision of the Supreme Court, the Field General Court Martial in the first phase has announced punishments to 25 accused. On December 13, a seven-member Constitutional Bench of the Supreme Court of Pakistan directed that the cases pending due to an earlier order of the Supreme Court be finalized and judgements in the cases of those accused found involved in these violent incidents be announced.

Reacting to the verdicts, Pakistan Tehreek-e-Insaf Secretary General Salman Akram Raja Saturday said that the decision of military courts is unconstitutional, fearing there is a plan to present PTI founder Imran Khan before the military courts. “If the founder of the party is presented in military courts, it will be a very bad day. What happened to Zulfikar Ali Bhutto, we have not yet recovered from it,” he said while speaking to a news conference here.

The senior lawyer observed, “Stop treating people in this country like a herd. Don’t try to eliminate us as you won’t be able to. The military court pronounced the verdicts of 25 people, as only one allegation was made in it and they were deprived of their rights of free and fair trial”.

He contended that the trial of a civilian in a military court is an illegal process and that every person has the fundamental right to be presented before an independent court; how can a person be sentenced under one charge.

Salman Akram said that the case of civilians in military courts is unconstitutional, as in it the rights are deprived by just making one charge. He pointed out that through the 26th Constitutional Amendment, a constitutional bench was created. This bench will overturn the Supreme Court’s decision of civilians’ trial.

“If this happens, it will be a very unfortunate moment for the people of Pakistan. I appeal to the authorities not to do this. We will become a joke in the whole world, let the law and order remain in Pakistan at some level. The whole world believes that military courts are not real courts,” he emphasized.

Salman Akram said that the founder of PTI has given a deadline for negotiations, which he can extend. “We want to negotiate for the welfare of Pakistan, but so far the government has not made any contact on negotiations”.

Speaking on the occasion, PTI lawmaker and leader Latif Khosa said the military court verdicts in the cases of 25 people are unconstitutional and illegal. “What is the purpose of this appeal if the verdicts are made even after it is heard. Those who have been sentenced, now they will go to jail.”

Khosa noted that no one has been released yet. “How can a military judge hear the case if there is an allegation of attacking a military installation? Military courts can take disciplinary action against their employees but military courts cannot try civilians.”

He charged that an attempt was made to suppress the judiciary through the 26th Amendment. The full court of Supreme Court should decide the 26th Constitutional Amendment and the final decision of Supreme Court in this appeal will be very important.

Meanwhile, Leader of the Opposition in the National Assembly Omar Ayub Khan Saturday strongly rejected the decision of military courts to award sentences to civilians, particularly PTI officials and workers in custody of the military. In reaction to the development, he took to his social media account and termed the sentences as a violation of the principles of justice and expressed grave concern over the military courts adjudicating cases involving ordinary citizens.

Separately, ex-speaker of the National Assembly Asad Qaiser announced that these decisions would be challenged at every forum. “The decision to sentence civilians in military courts is fundamentally opposed to the principles of justice and fairness. Those in custody are common citizens and cannot be tried by military courts,” Omar Ayub maintained.

He described the military courts that sentence civilians as kangaroo courts, emphasizing that such courts do not have the legal authority to function as part of the state’s judicial power.

The opposition leader underscored that the armed forces are an integral part of the state’s executive machinery but not its judicial apparatus. He said the military courts adjudicating matters, concerning ordinary citizens was an attack on the independence of the judiciary and a direct violation of constitutional principles.

“Such decisions undermine the fundamental structure of the Constitution, which is based on the separation of powers,” he contended and cited the Supreme Court’s decision in PLD 1999/504 as a reference to support his argument. He reiterated that the rule of law and independence of the judiciary are cornerstones of any democratic society, and any effort to undermine them must be challenged for the sake of upholding justice and constitutional integrity.

Separately, former speaker of the National Assembly and PTI’s senior leader Asad Qaiser condemned the recent verdicts issued by military courts against civilians, terming them a blatant violation of fundamental human rights and principles of justice.

In a statement issued here, he said that the trials conducted by military courts failed to meet the requirements of natural justice. “The decisions of military courts are a clear breach of fundamental human rights. Justice has not been delivered in these trials, and we will challenge these decisions on every forum available,” he vowed.

Qaiser also expressed deep disappointment with the Supreme Court’s stance on the matter.

Reacting to the military court’s verdict against the culprits involved in May 9 riots, Defence Minister Khawaja Asif on Saturday said the exercise of using violence in politics would not end until the orchestrators of the horrible day were brought to justice.

“The laws’ hands have so far reached collars of the activists who were used [in the incident],” Asif said in a post on his social media account, X.

In his post on X, Asif maintained that justice should have been served swiftly like in the United States and United Kingdom as the delay boosted the morale of the culprits and their facilitators, who avoided condemnation of the dark day as well.

He lamented that that those who avoided condemnation and disrespected the martyrs and victors were made heroes. Anti-national elements would continue to encourage them, he added.

Federal Minister for Information and Broadcasting Attaullah Tarar said on Saturday that people involved in terrorism in the garb of politics had met their logical end.

Addressing party workers and people of his constituency here, Tarar termed the Pakistan Tehreek-e-Insaf founder the mastermind of May 9 incidents and his companions as planners. He said, “All those involved in May 9 riots will meet their logical end.”

Attaullah Tarar said that people had strongly rejected anti-state elements who give priority to their personal interests over national interest. He said that 25 accused who had attacked the corp commander’s House on May 9 had been punished. “These people had attacked defence installations and strengthened the hands of enemy,” he said. “Political terrorism of attacking military installations had never happened before in the country.”

Tarar said martyrs had never been disrespected. “The country comes first, not politics. It is unfortunate that the PTI founder was involved in politics of violence and promoted intolerance in the country,” he added.

In response to Saturday’s announcement that military courts have convicted 25 civilians for the PTI-led 9 May riots, the HRCP reiterated its position that no civilian should be tried in a military court under any circumstances. This contravenes the fundamental rights guaranteed by the Constitution of Pakistan as well as the international human rights obligations to which Pakistan is a state party, it said.

All civilians accused of violence should have been prosecuted in civilian courts through open public proceedings to protect their right to due process and fair trial, the HRCP added.

According to confessional statements, the convicted individuals said that they had received instructions from the PTI founder Imran Khan and other senior leaders on the night of May 8 and 9 to lodge a strong protest in case he was arrested.

They said that they under the leadership of Dr. Yasmin Rashid, Ejaz Chaudhry, Mian Mahmoodur Rashid and Hassan Niazi were directed to attack the corps commander house.

Jan Muhammad Khan, who was awarded 10 years rigorous imprisonment, said that he used to conduct Bajaur camp of around 80 persons at Zaman Park where Imran Khan took a meeting and issued directives for strong protest.

Daud Khan, a resident of Nowshehra, said that they attacked the corps commander house with protesters led by Yasmin Rashid and Ejaz Chaudhry.

He said that on receiving a message from Shaikh Imtiaz, they moved towards Cantonment area where they were directed by Dr. Yasmin Rashid and Ejaz Chaudhry to enter the corps commander house (Jinnah House). “All the groups coming from Zaman Park entered the corps commander house and started vandalizing the property,” he said.

On entering the corps commander house, he said he found a uniform of corps commander and wore shirt and later burnt the same after making a video while Hassan Niazi was holding the trouser of the same uniform.

Ali Shan, a resident of Lahore who was also imprisoned for 10 years, said that along with his friends, he used to listen to speeches of Imran Khan against the army which poisoned their minds.

He said that senior leaders of PTI at a meeting at Zaman Park on the night of May 8 and 9, it was decided that a protest would be lodged and the commander house would be attacked. “We entered the corps commander house where I broke a table lamp,” he said.

Babar Jamal, a resident of Mianwali who was also punished for 10 years in prison, said that he participated in vandilising activity at PAF Base Mianwali on May 09 and confessed to the same.

Hashir Durrani, who was awarded six years imprisonment, was also involved in the attack on Jinnah House Lahore. He said that he incited people to act. “I also erected a flag on the gate of corps commanders house telling protesters that it is Khan House,” he confessed, saying that Yasmin Rashid and PTI Lahore President Shaikh Imtiaz were leading the protestors.

Faheem Haider said that speeches of Imran Khan and other PTI leaders at Zaman Park created hatred in his mind against Pakistan Army.

Muhammad Ashiq Khan, who received four years in jail, said he along with other activists received directives of Azam Khan Niazi to reach Liberty Chowk. On reaching Liberty Chowk, it were Mahmoodur Rasheed, Ejaz Chaudhry, Azam Niazi and Yasmin Rashid who incited them to attack corps commander house. “We started our violent acts inside the House and I also picked up a plate from there for a video”, he said adding that he received training and brainwashing at Zaman Park on how to act against the army.

Muhammad Bilawal, a resident of Lahore who was awarded two years in jail, was also involved in the attack on Jinnah House. He also said that Mahmoodur Rashid, Yasmin Rashid and other PTI leaders delivered hate speeches against Pakistan Army.