IK’s trial by military court: IHC directs govt to file report on prospects

ISLAMABAD: The Islamabad High Court (IHC) has directed the federal government to file a report regarding the possibility of trial of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan by a military court in cases pertaining to May 9 incidents.

A single judge bench of Justice Miangul Hasan Aurangzeb, on Thursday, heard Imran’s petition that there was a plan to try him in a military court over countrywide protests on 9th May.

At the onset of the proceeding, Uzair Karamat Bhandari said that the top government officials — referring to government spokesperson for legal affairs Barrister Aqeel Malik — stated that Imran would be taken into military custody.

“All those are just political statements, nothing else,” Justice Aurangzeb remarked, to which, the lawyer replied that if they were political, then formulating his arguments was “easier”.

Bhandari highlighted that a “top military official [Gen Sharif] has also given this statement”. To that, Justice Aurangzeb replied: “What he said, too, was a political statement.”

Imran’s counsel asked the judge to include it in the court’s order if it was a political statement.

Justice Aurangzeb then ordered Assistant Attorney General (AAG) Azmat Bashir Tarar to seek clarification from AGP Awan on the government’s stance on whether or not Imran would be tried under military laws.

When the hearing resumed after a short break, the judge reiterated that the government should submit its response to the query by Monday (Sept 16).

“Ministers have given threats to the PTI founder of a military trial. The PTI founder is a civilian,” Justice Aurangzeb observed. “A civilian’s military trial is a cause of concern for the petitioner and the court,” he emphasised.

During the hearing, Justice Aurangzeb noted that according to Imran’s lawyer, Inter-Services Public Relations Director General Gen Sharif had made the statement of Imran’s trial. “If this is the case, then a clear stance should be given by the Federation,” the judge stressed.

“If we say today that ‘there is no [trial] right now’ but then you come to us tomorrow with an order of military trial, what will happen then?” he wondered.

AAG Tarar requested the court to first decide on the objections raised on Imran’s petition. At this, the judge said he was removing the objections raised by the IHC registrar’s office.

Justice Aurangzeb recalled that the apex court’s ruling from last year on civilians’ military trials was in the field.

“Answer whether the matter of the PTI founder’s military trial was under consideration. If there is nothing as such, then the petition will become infructuous.

“[However], if there is anything as such under consideration, then we will hear this case and decide on it,” the judge asserted. The case was adjourned until September 16.

Copyright Business Recorder, 2024