IK’s trial in military court?: Govt has made no decision yet, IHC told

ISLAMABAD: The federal government informed the Islamabad High Court (IHC) that no decision has yet been taken for the trial of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan by a military court.

A single bench of Justice Miangul Aurangzeb heard a petition moved by Imran Khan against the handing over of his custody to the army authorities.

During the hearing, Additional Attorney General (AAG) Munawar Iqbal Duggal and a representative from the Ministry of Defence appeared before the bench. The AAG informed that the federal government had not yet made any decision to conduct a military trial of Imran Khan.

He emphasised that if such a trial were to take place, it would follow the proper legal procedure as described under Rule 549 of the Pakistan Army Act. Duggal explained that in the event, a military trial is decided; the process would begin with the submission of an application to the civil magistrate. He assured the court that all legal protocols would be strictly followed if any such decision was made.

After hearing the federal government’s response, Justice Aurangzeb disposed of the petition, saying, no immediate action was necessary as the matter remained undecided.

The PTI founder had filed the petition, wherein, he maintained that reports have been circulating on television, print and social media that the petitioner will be shifted to the custody of army authorities in connection with the cases regarding the events of 9th and 10th May 2023 3. Many observers and commentators have expressed the view that the army authorities will take the petitioner into custody and try him before a court martial.

The petition also stated, “That a few weeks ago, a retired senior army officer was taken into military custody. It has been widely speculated and reported in the media that he will be made an approver against the petitioner in cases pertaining to 9th and 10th May 2023 and the petitioner be transferred to military custody on this basis.”

Imran had prayed to the court that the respondents, which included Federation of Pakistan through secretary Ministry of Law and Justice, secretary Ministry of Interior, secretary Ministry of Defence, Inspector General of Police Islamabad, chief secretary Punjab, inspector general of police Punjab, and superintendent Adiala Jail, Rawalpindi, be directed to ensure that he be retained in civilian hands and subject to the jurisdiction of civilian courts and the respondents be restrained from handing over the custody of the petitioner to army authorities.

Copyright Business Recorder, 2024