Islamabad ATC convicts 10 over May 9 riots case

An Islamabad Anti-Terrorism Court (ATC) convicted 10 people on Friday over the nationwide riots on May 9, 2023, although they were acquitted of charges under the Anti-Terrorism Act, 1997.

Following the arrest of former prime minister and PTI founder Imran Khan on May 9, 2023, from the Islamabad High Court’s premises, riots erupted across the country that went on for at least 24 hours.

At least 10 people lost their lives and hundreds sustained injuries, while approximately 40 public buildings and military installations were damaged, including Lahore Corps Commander’s House (Jinnah House) and Askari Tower in Lahore, General Headquarters (GHQ) in Rawalpindi, Inter-Services Intelligence (ISI) Office in Faisalabad, FC Fort in Chakdara, Radio Pakistan building in Peshawar, Toll Plaza at Swat Motorway and the Mianwali Air Base.

The state then launched a severe crackdown on his party, rounding up thousands of PTI workers and almost the entire top-tier leadership, with many still facing court proceedings under serious charges.

On November 16, Information Minister Attaullah Tarar unveiled what he described as “new video evidence” related to the May 9 riots and demanded the swift disposal of all pending cases.

ATC Judge Tahir Abbas Sipra presided over a hearing today for a case lodged at the Industrial Area police station on May 10, 2023.

According to the order — a copy of which is available with Dawn.com — 17 individuals were booked under Sections 148 (rioting, armed with a deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 186 (obstructing a public servant), 188 (disobeying order promulgated by a public servant), 341 (wrongful restraint), 353 (assault or criminal force to deter a public servant), 382 (theft after preparation made for causing death, hurt or restraint in order to the committing of the theft) and 436 (mischief by fire or explosive substance) of the Pakistan Penal Code (PPC), read with Section 7 (punishment for acts of terrorism) of the Anti Terrorism Act, 1997, as per a police report.

It said one person was discharged from the case, six were absconders and the remaining 10 were formally indicted while they denied the charges. Four of the 10 individuals were mentioned as being permanent Afghan residents.

The order said that on May 10, 2023, the 10 accused — armed with sticks and waving PTI banners — attacked police personnel, stole a police radio and riot gear, burned police vehicles and a police check post, creating a “sense of fear and terror in the vicinity”.

The judge sentenced them to three years imprisonment under Section 148 read with Section 149 and a fine of Rs20,000 each; three months imprisonment under Section 186 and an Rs1,000 fine each; six months imprisonment under Section 188 and an Rs3,000 fine each; one month’s imprisonment under Section 341 and an Rs1,000 fine each; and two years imprisonment under Section 353 and a fine of Rs20,000 each.

It added that the sentences would run concurrently, adding that benefit under Section 382-B of the Code of Criminal Procedure (CrPC) that compensates an accused person by deducting the time they spent in detention as an under-trial prisoner from their sentence, would be extended to all of them.

The order said the convicts were on bail and directed that they be taken into custody and imprisoned.

However, the accused were acquitted of the terrorism charge as “the charge levelled against them has not been proved for these offence beyond shadow of doubt”.

The order also said: “Although it is mentioned that the mob belonged to a political party but nothing has been mentioned in [the] complaint or in the statements of the witnesses about the object, design and purpose of the acts alleged against the accused persons to declare them as [an] act of terrorism.”

According to the order, offences under Sections 382 and 436 of the PPC were also not proven against the accused and thus they were acquitted.

The order also directed perpetual non-bailable arrest warrants be issued for the six absconders and they be arrested and produced before the court.