The arrest of designer Khadijah Shah by the Quetta police in a murder case may have shown that someone, somewhere, is bent on making sure she stays behind bars. She is accused of being involved in the May 9 attack on Jinnah House in Lahore, along with a whole slew of other women supporters of the PTI. Not only is she a well-known fashion designer, but she is the daughter of former caretaker minister Dr Salman Shah and the maternal granddaughter of former COAS Gen Asif Nawaz. Her arrest then convulsed Lahore’s elite. However, as she had obtained bail in her cases from the civilian Anti-Terrorist Court, all that was left holding her was a detention order under Section 3 MPO. That was withdrawn once a Quetta police team appeared in Lahore and arrested her. The ATC in Quetta had also given a transit bail so that she could be brought to Quetta. The Lahour refused to overturn that order or warrant.
The situation only made sense if it was assumed that the subordinate judiciary was part of an effort to keep her behind bars. Another prospect of relief for her, the ban on the trials of civilians was lifted by the Supreme Court, in an intra-court appeal against the October 23 order imposing it. That means she is once again liable to a military court trial. The decision seems to be an expression of lack of confidence in the civilian courts to render justice. The 21st Amendment, which provided for trials by military courts of civilians, was for a limited period. The understanding was that this period would be used to rectify the problems in the civilian courts which did not allow them to conduct the trials of the militants. Those problems, it appears, persist.
The direction which seems to be unrolling is of the military retaliating for the events of May 9. It appears that the civilian courts are not to be trusted to give a fair trial. Without giving any excuse for the events of May 9, it is essential that those accused of perpetrating them should be given due process of law. That might be abused, but it is up to the prosecution to ensure that is not allowed to happen. Unfortunately, a lot of abuse becomes possible because of the incompetence and lack of professionalism of the investigators. Unfortunately, that seems to have occurred in the May 9 cases.
