Global Watch | Fault lines in Pakistan military as judiciary crumbles and surrenders to the generals

It is clear now that not only Pakistan’s political establishment but even its higher judiciary has crumbled under the pressure of the military. A couple of developments, that might look unrelated on the surface, are actually closely linked and there is a clear cause-and-effect relationship. Let us take a look at the developments which would lead one to these logical conclusions. Purge in the army The fault lines are quite visible in the military establishment in wake of the 9 May violence where angry workers of Imran Khan’s party PTI had targeted military establishments. More than 102 persons have been arrested and they are being tried in 17 military courts under the Army Act. Their fate is sealed as these trials in Pakistan are known to be a façade and most of them are likely to pay the price with their lives as past experience shows. Meanwhile, Pakistan’s army took many by surprise by taking an extraordinarily aggressive stance as it started a purge within its ranks also.  On 26 June 2023, Major General Arshad Sharif, Director General, Inter-Services Public Relations (a media arm of ISI and Pakistan’s military) held a press conference giving a stern message to the suspects involved in the 9 May 2023 incident of violence. Major General Sharif said that three high-ranking Officers, including a Lieutenant-General, had been sacked from their positions and action was taken against three major generals and seven brigadiers due to their failure to prevent the outbreak of violent clashes on 9 May, following the arrest of former prime minister Imran Khan. Though he did not reveal the names of senior military officers facing court martial and other proceedings, the officers most likely being targeted are Lahore’s former Corps Commander Lt Gen (retd) Salman Ghani, former DG ISI Lt Gen (retd) Faiz Hamid and Lt Gen Muhammad Aamer, Corps Commander Gujranwala 30 Corps. Judiciary’s surrender A large section of civilised world had pinned hope on Pakistan’s Supreme Court to check the influence of the army. But the judiciary has wholly surrendered to the military. Within 24 hours of the DG, ISPR’s press conference the Supreme Court of Pakistan rejected a plea to stay the military proceedings against Civilians. The six-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial was hearing petitions against military courts trying civilians in connection with their involvement in the May 9 violence. In addition to the CJP, the bench comprised Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Naqvi and Justice Ayesha Malik. The contradictions in the government’s and military’s versions were visible as the Attorney General of Pakistan Mansoor Awan claimed no trials are being held against civilians in the military courts regarding May 9 incidents whereas the DG, ISPR had categorically said 24-hours earlier that 102 civilians have been held and they are being put on trial under the Army Act. The exchange that happened in the courtroom between the judiciary and the counsels representing the government and PTI reads like the script of a bizarre drama. It shows how Pakistan’s top judiciary is now singing the tune of the military. Pakistan’s newspaper paper The Express Tribune reported this exchange extensively. Here are some excerpts: “At the outset of the hearing, the Pakistan Tehreek-e-Insaf (PTI) chairman’s lawyer Uzair Bhandari argued before a larger bench that the military’s media wing has confirmed civilians are being tried in military courts. PTI lawyer Bhandari said that he would focus his arguments against the military trial of civilians, “I have nothing to do with the issue of trial against the soldiers”. “The DG ISPR said yesterday that a trial is ongoing,” he stressed, “and this contradicts the AGP’s statement.” The AGP responded that he still stood by his earlier statement. “So far no civilian has been tried in military courts,” he emphasised. “We believe you,” CJP Bandial said.” So the Chief Justice of Pakistan decided to believe the Attorney General of Pakistan despite a clear statement to the contrary by Pakistan’s military! “CJ Bandial questioned how “the accusations were made without evidence” against the 102 civilians. “This matter is beyond understanding,” he said. Justice Ahsan further noted that “the records show that the details of the accusations are not even available.” Bhandari furthered that the arrest of the accused by army officers is also illegal. “Many facts are recognised,” the lawyer said, “and from these facts, malicious intent can be induced.” At one point, the CJP remarked that “it is futile to accuse a person without evidence.” Addressing the AGP, he said that the court had sought information on the accused that “will be beneficial to all parents” concerned. During his arguments, AGP Awan said that he had provided all details, including the written records. “The details of the incident of May 9 after which the process of extradition of the accused started and most of the whole process is there in the rolls.” Nonetheless, he underscored that some time would be required for completing the trial as it is not a summary trial. The CJ inquired if all legal requirements had been fulfilled when the accused were taken into custody. The AGP in response handed over a file to the CJP saying that it contained all the details of the 102 accused civilians and said that their parents could visit them weekly after filing a request for an appointment. Justice Afridi questioned how the accused had been nominated if they had not yet been charged. Justice Malik also inquired why the details of the accused were being kept a secret. “Is there an issue with making their names public?” she asked noting that public access to the list of accused would put an end to the confusion and speculations surrounding the identities of the 102 civilians. AGP Awan requested the court to keep the details a secret, assuring the bench that the families of all arrested individuals would be contacted by the government within 24 hours. Justice Ahsan however remarked that there was still merit in making the list public as it would “put an end to speculations.” However, Justice Yahya Afridi said it is better to establish their contacts with family before the publication of details. After some harsh questioning on the issue of the secrecy around the illegal arrest of 102 civilians by the military, all that the Chief Justice of Pakistan could offer meekly was shocking. It would be nice for the families to get information about the accused before Eid, said CJP Bandial after all these arguments and questions as mentioned above. Even as the lives of 102 civilians are hanging by thread in Pakistan, with their families also kept in the dark about their arrests, this is what CJP had to say in this matter, “We are not giving an injunction now, I will be available after Eid, if there is any important development, I can be informed. The government should cooperate to remove the concerns of the people. Yes, otherwise concerns arise.” The Pakistan Supreme Court adjourned the hearing of the case against the trial of civilians in military courts till the third week of July. Conclusion The meek surrender of Pakistan’s Supreme Court is a clear indication that the military is tightening its grip on Pakistan.   Though Pakistan never had many democratic institutions but whatever was there even as a façade is crumbling now. It is clear that Pakistan has almost reached a point of no return. From a country, it has been converted into a military cantonment over the last seven and a half decades and now the fault lines are visible within the military also. The writer is an author and columnist and has written several books. He tweets @ArunAnandLive. Views expressed are personal. Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .