Trial of IK by military court: IHC again seeks clarification from federal govt

ISLAMABAD: The Islamabad High Court (IHC) again sought clarification from the federal government regarding the possible trial of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan by a military court in 9th May cases.

A single-judge bench of Justice Miangul Hasan Aurangzeb, on Monday, heard Imran’s petition that there was a plan to try him in a military court over countrywide protest on 9th May. The Ministry of Defence was ordered to give a clear stance on the next hearing after which the ministry sought time.

During the proceeding, Justice Miangul Hassan said: “There is no clear answer from the government. I am giving you time to bring instructions in this regard.” He inquired about the procedure of handing someone in military custody.

The Court noted that the Ministry of Defence has no information of military detention and trial till date, adding that nothing regarding the matter has been brought before the ministry.

The additional attorney general told: “If any request is made, action will still be taken according to the law.” At this, Justice Aurangzeb said he has nothing to proceed with in this case. The court then sought the procedure of civilians’ trial in military court from the Defence Ministry.

The Defence Ministry’s representative said they have a “very clean procedure”.

Justice Miangul Hassan said if a notice is issued to PTI founder before the military trial, then the case will be wrapped up, adding that the civil court will first frame the charge, according to the procedure. If the trial court says that the case is to be sent to the military court, then the notice should be issued first, he added.

The PTI founder’s pleas came in the wake of statements by government high-ups including Defence Minister Khawaja Asif and Law Minister Azam Nazeer Tarar that fuelled rumours of his military trial.

A recent statement by military spokesperson Lt Gen Ahmed Sharif Chaudhry also hinted at the possibility of Imran’s military trial as “under military law, anyone who uses individuals subject to the Army Act for personal or political gain […] will be subject to the law taking its course”.

It is to be noted that the Pakistan Democratic Movement (PDM)-led government had initiated military trials of those involved in targeting state and military installations in last year’s riots.

In October 2023, a five-member Supreme Court bench had declared the military trials of civilians arrested in the wake of the May 9 protests to be null and void. However, the widely praised ruling was later suspended by a 5-1 majority verdict.

The December 13, 2023, verdict stated that military court trials would be conditioned on the apex court’s final verdict on the intra-court pleas.

The hearing was adjourned until Tuesday (September 24).

Copyright Business Recorder, 2024