Rule of law is critical to any democracy. The recent decision in Pakistan to allow the sentencing of 25 civilians by military courts for their involvement in the May 9, 2023, riots raises questions about justice and due process in Pakistan.
The Official Secrets Act, “which was invoked for conducting these trials, primarily deals with espionage and unauthorised disclosure of classified information. The act of attacking military installations or Jinnah House, though undoubtedly reprehensible, does not naturally fall within the OSA’s ambit.”
According to the military’s press wing, the ISPR, “all legal rights were afforded to the accused.” However, as an editorial in Dawn noted, “this appears inconsistent when examined against the basic principles of due process. Can serving officers, bound by military hierarchy, truly provide independent judgements? The one-line descriptions of convictions accompanying the names of the 25 individuals hardly qualify as reasoned judgements.”
While the incidents of May 9 were grave, and those responsible for attacking military installations must face justice. However, “this can only be accomplished with transparent, fair trials in civilian courts.”
The editorial warned against military trials of civilians as being “fundamentally incompatible with democratic principles.”
