ISLAMABAD: Supreme Court Justice Hasan Azhar Rizvi remarked on Tuesday that vandalism took place inside the Lahore Corps Commander’s House on May 9, 2023, noting that acts of arson and destruction had now become a trend.
The remarks were made during a hearing by a seven-member constitutional bench, led by Justice Amin-Ud-Din Khan, regarding an intra-court appeal against military trials of civilians.
Representing the convicted accused, Arzam Junaid, Advocate Salman Akram Raja argued that the main verdict stated that courts could not be established beyond the scope of Article 175(3) of the Constitution.
Justice Muhammad Ali Mazhar responded by stating that, in service-related matters, initial hearings are conducted at the departmental level.
Raja further contended that Article 175(3) should also apply to army officers. Justice Naeem Akhtar Afghan observed that the Constitution was enacted in 1973, and the 18th Amendment had reviewed martial law regulations.
“Why do you want the Supreme Court to intervene in matters that are the responsibility of parliament?” he questioned.
Justice Afghan added that if a military officer was involved, the matter would be examined, urging the counsel to stay within the scope of the case. He also pointed out that India had amended its laws through parliamentary legislation.
Meanwhile, Justice Rizvi highlighted that footage of the May 9 incidents had been broadcast on television, showing the damage inflicted on the Corps Commander’s House.
He remarked that breaking into homes and damaging property had become a culture, comparing it to incidents in Bangladesh and Syria. At this, Justice Jamal Khan Mandokhail commented that entering any citizen’s home was also a crime.
Justice Rizvi then questioned whether there had ever been similar attacks on Corps Commanders’ Houses anywhere in the world. In response, Raja stated that such attacks had occurred, and he could provide examples.
Justice Mazhar inquired whether the legal concerns raised in previous court rulings had been addressed through legislation. Justice Mandokhail remarked that parliament seemed preoccupied with other matters, emphasizing that discussions being held in court should instead take place in parliament.
Raja argued that judicial authority should be exercised in the sentencing process, citing past decisions by the Balochistan High Court that protected civilians during martial law.
He also referenced a significant ruling by the late Justice Waqar Seth of the Peshawar High Court, which was even mentioned in the International Court of Justice but was later suspended by the Supreme Court. He reiterated that no court could be established beyond Article 175(3).
