Pakistan top court rejects government’s plea allowing military court verdicts in May 2023 riot cases

In this file picture, taken on April 3, 2023, Pakistani lawyers gather outside the Supreme Court building in Islamabad. (AN Photo/File)
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Updated 10 December 2024
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Pakistan top court rejects government’s plea allowing military court verdicts in May 2023 riot cases

  • The case pertains to the trial of over 100 civilians for allegedly attacking army installations in protests over ex-PM Khan’s arrest
  • The attacks occurred a year after Khan fell out with Pakistan’s powerful military, blaming the institution for his ouster from office

ISLAMABAD: The Supreme Court of Pakistan’s constitutional bench on Monday rejected the federal government’s plea to allow military courts to announce verdicts in cases of civilians allegedly involved in May 9, 2023 riots.
The case pertains to the trial of more than 100 civilians for their alleged role in attacks on army installations during the violent protests that followed former prime minister Imran Khan’s arrest in a graft case on May 9, 2023.
On October 23 last year, a five-member SC bench had unanimously declared that trying the accused civilians in military courts violated the constitution, but on Dec. 13, 2023, another top court bench suspended the Oct. 23 ruling as it heard a set of 37 intra-court appeals against it.
In March this year, the top court conditionally allowed military courts to pronounce reserved verdicts in the May 9 cases, modifying its Dec. 13 injunction and ordering military courts to commence trials but barring them from convicting or acquitting any accused until a decision on intra-court appeals.
On Monday, a seven-member constitutional bench, led by Justice Aminuddin Khan, resumed hearing the appeals and rejected the government plea allowing the military courts to verdicts of trials of civilians, observing that giving permission to announce verdicts would mean recognizing the authority of military courts.
“We want to hear the case on a daily basis and announce a decision on it,” Justice Aminuddin remarked during the hearing.
In his remarks, Justice Jamal Khan Mandokhail urged lawyers of all petitioners to cooperate with the bench for an early verdict in the case.
The bench resumed hearing of the case on Tuesday, during which Additional Attorney-General (AAG) for Pakistan Amir Rehman requested the court for an adjournment, citing the unavailability of Ministry of Defense Khawaja Haris due to health issues. The court granted the request.
Several cases against Khan and his party related to the May 9, 2023 violence were registered by the government, which also cracked down on his supporters allegedly involved in the riots. Khan’s party has distanced itself from the protests and accused the country’s intelligence agencies of framing his party for the violence. The military denies the accusations.
The attacks took place a little over a year after Khan fell out with Pakistan’s powerful military, blaming the institution for colluding with his rivals to oust him from office in a parliamentary vote in April 2022, a charge denied by the military.
Khan, who remains a popular figure in Pakistan despite several court cases against him, has led a campaign of unprecedented defiance against the country’s powerful military. He has also accused the military of rigging the February 8 election in collusion with the election commission and his political rivals to keep him from returning to power. The military, election commission and Khan’s rivals deny the allegation.


Pakistan’s interior minister accuses Imran Khan’s party of politicizing health issues

Updated 59 min 26 sec ago
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Pakistan’s interior minister accuses Imran Khan’s party of politicizing health issues

  • Interior Minister Mohsin Naqvi rejects reports of Imran Khan losing 85 percent vision in his affected eye
  • Health concerns for Khan’s eye ailment have triggered protests and road closures in Khyber Pakhtunkhwa

ISLAMABAD: Pakistan Interior Minister Mohsin Naqvi on Tuesday accused former prime minister Imran Khan’s party of politicizing his health issues for mileage, reiterating that the government had granted him adequate medical treatment in prison. 

Naqvi’s response came hours after Khan’s Pakistan Tehreek-e-Insaf (PTI) party rejected a government-issued medical report on his eye condition, demanding authorities allow family members and his personal physician to examine him in prison. 

Health concerns emerged last week after a court-appointed lawyer, Barrister Salman Safdar, visited Khan at Rawalpindi’s Adiala Jail and reported that the former premier had suffered “severe vision loss” in his right eye due to central retinal vein occlusion (CRVO), leaving him with about 15 percent sight in the affected eye.

Jail authorities said a team of doctors from multiple hospitals examined Khan on Sunday and submitted findings to a court. A two-page medical document circulated on social media stated that unaided vision in Khan’s right eye was 6/24 and 6/9 in the left, improving to 6/9 (partial) and 6/6 respectively with glasses. While Naqvi has confirmed a medical report has been released, he did not discuss its findings. 

Speaking to reporters in Lahore during a press conference, the interior minister accused the PTI of creating a “propaganda” that Khan had lost 85 percent vision in his affected eye. 

“It is our obligation to tell people this much that whatever cells in your [PTI] party that are doing this, beware of them,” he said. “They are enemies of the people and are trying to do their politics under the guise of some other objectives.”

Naqvi said contrary to what the PTI was doing, the government did not want to politicize Khan’s eye ailment, adding that the welfare of every prisoner was its responsibility. 

“After all this thing I have come to the conclusion about some people [in PTI] that they care more about their politics than his [Khan’s] health,” he said. 

Sharing details of the checkup, Naqvi said he invited PTI Chairman Gohar Ali Khan to reach Rawalpindi’s Adiala jail, where Khan is imprisoned, to witness the former premier’s medical examination on Sunday. However, the minister said Gohar refused, citing party consultations.

He said Gohar, along with the opposition leaders in the Senate and National Assembly— Allama Raja Nasir Abbas and Mehmood Khan Achakzai--and their preferred doctors were invited to the Pakistan Institute of Medical Sciences (PIMS) for a briefing on Khan’s checkup. 

Naqvi said Gohar, Abbas and Achakzai, along with the doctors, expressed satisfaction over Khan’s examination. However, he alleged Khan’s sister Aleema Khanum told party members that if they accepted the government’s version, “the issue would die down.”

“You also got the medical report yesterday,” Naqvi told reporters. “And in it, all things are clear.”

Khan’s health concern has sparked protests by supporters, including demonstrations and road closures in the northwestern Khyber Pakhtunkhwa province where his party governs, and a sit-in outside parliament in Islamabad.

FORMER CAPTAINS RALLY FOR KHAN 

Separately, 14 former international cricket captains appealed to the government to grant Khan immediate medical treatment for his eye ailment, calling for “humane and dignified detention conditions” for the former Pakistan captain. 

The statement was issued on behalf of former captains Michael Atherton, Allan Border, Michael Brearley, Greg Chappell, Ian Chappell, Belinda Clark, Sunil Gavaskar, David Gower, Kim Hughes, Nasser Hussain, Clive Lloyd, Kapil Dev, Steve Waugh and John Wright. 

“As fellow cricketers who understand the values of fair play, honor, and respect that transcend the boundary rope, we believe that a person of Imran Khan’s stature deserves to be treated with the dignity and basic human consideration befitting a former national leader and a global sporting icon,” the statement read. 

The statement also called for “fair and transparent access” to legal processes for Khan without undue delay or hindrances.

Khan, a former cricket star who served as prime minister from 2018 to 2022 before being removed in a parliamentary vote of no confidence, has been in jail since August 2023 in multiple cases he says are politically motivated. The government denies the allegations.

Khan’s family members are expected to hold a press conference in the evening today outside Adiala jail on his health condition.