• Decision follows mercy petitions submitted by 67 of 85 convicted individuals
• Petitions of remaining men to be decided after ‘due legal process’, says ISPR
• Seven released from Peshawar prison

ISLAMABAD: The Pakistan Army announced on Thursday that 19 Pakistan Tehreek-i-Insaf (PTI) activists convicted by Field General Court Martial (FGCM) for involvement in the May 9 riots had been granted remission in their sentences, while cases of 48 others are under appeal in military courts.

The Inter-Services Public Relations (ISPR), the military’s media wing, said the decision followed mercy petitions submitted by 67 of the 85 convicted individuals. It said that 48 petitions have been processed to the courts of appeal, while petitions of 19 convicts have been accepted “purely on humanitarian grounds, in accordance with the law”.

It added, “Mercy petitions of the remaining will be decided in due course of time, following the legal process.”

The May 9, 2023, riots erupted after the arrest of PTI founder Imran Khan at the Islamabad High Court in the Al-Qadir Trust graft case. Military installations and monuments were attacked during the unrest, leading to widespread arrests and trials in military courts.

Of the 105 cases referred for military trials, 85 individuals were convicted, receiving sentences ranging from two to 10 years of rigorous imprisonment, whereas 20 were released earlier in April after remission in their sentences.

The recent remissions apply to individuals sentenced to two years of rigorous imprisonment. In April, 20 convicts — all with sentences of less than three years — were also released. Most of those granted remission this time had already spent 19 months in custody.

However, five individuals sentenced to two years were notably excluded from the remission. Among them are Mian Abbad Farooq, a PTI leader whose arrest sparked controversy following his son’s death, and Mian Muhammad Akram Usman, a former member of the provincial assembly.

Other excluded individuals are Izzat Khan, Haider Majeed — a lawyer arrested alongside PTI founder Imran Khan’s nephew — and a retired Air Force officer, Group Captain Viqas Ahmed Mohsin.

Seven released in KP

Among those granted remission, seven PTI activists from Khyber Pakhtunkhwa were released from Peshawar Central Prison. They were convicted for attacking military installations in Mardan, Bannu, Peshawar and Timergara during the riots.

The released individuals were identified as Mohammad Ayaz, Samiullah Wazir, Yasir Nawaz, Said Alam, Zahid Khan, Mohammad Suleman and Mohammad Ilyas.

Some of the party’s members, including provincial minister Meena Khan Afridi, welcomed the released activists outside the prison, where they were garlanded and offered sweets.

An eyewitness said that Samiullah Wazir was wheelchair-bound as he couldn’t walk properly due to some health issues. He was handed over to his relatives and shifted to a local hospital.

The released persons were taken out from the prison premises in a procession. Interestingly, after their release, they were raising slogans in favour of their party’s founder and former prime minister Imran Khan.

‘Fair process’

The ISPR emphasised the fairness of the process, stating, “The remission of punishments is a testament to the strength of the due process and fairness, which ensures that justice is served while also taking into account the principles of compassion and mercy.”

It said that the individuals whose sentences were remitted would be released after the completion of procedural formalities. “All those convicted retain the right of appeal and other legal remedies as per the law and the constitution,” it added.

Retired Colonel Inamur Raheem, a lawyer specialising in military law, shed light on the process. “Under military procedure, convicts are immediately given a ‘Format of Appeal’, which can be submitted within 40 days to challenge their sentencing. However, a mercy petition is an administrative matter that can be submitted at any time,” he said, adding that such petitions are often filed after exhausting appeal options.

The Supreme Court, in its ruling on appeals against FGCM trials last month, had conditionally allowed the pronouncement of verdicts. The bench directed that “the remissions admissible to the said persons be granted and persons who can be released after remissions be released forthwith”.

This remission appears to align with the court’s directive, though the status of the other 48 convicts — whose cases are under appeal — remains unclear.

The announcement of the first batch of verdicts drew international criticism, including from the European Union, the United Kingdom and the United States, who raised concerns about the transparency and fairness of the trials, labelling them inconsistent with democratic norms and human rights standards.

Waseem Ahmed Shah in Peshawar also contributed to this report

Published in Dawn, January 3rd, 2025