IHC seeks federal govt's clarification on Imran Khan's possible military trial
1. "Military trial of a civilian is concerning to both petitioner and court," says Justice Miangul Hassan Aurangzeb
"Is Imran Khan's military trial under consideration?" asked Justice Miangul Hassan Aurangzeb of the Islamabad High Court (IHC) on Thursday, expressing concerns over the possibility of the Pakistan Tehreek-e-Insaf (PTI) founder being tried in a military court. He emphasized that Khan, as a civilian, should not be subjected to military trial, and sought a clear stance from the federal government on the issue.
The case revolves around Khan's alleged involvement in the May 9 riots, during which military installations were vandalized following his arrest in a corruption case. Khan's petition, filed under Article 199 of the Constitution on September 3, comes amid rumors fueled by statements from government officials suggesting that a military trial may be in the works.
Defence Minister Khawaja Asif recently told a news channel that the evidence against Khan was mounting, making it increasingly likely that he would face trial in a military court. Additionally, an anti-terrorism court in Lahore had previously ruled that there were reasonable grounds linking Khan to the May 9 incidents.
The Pakistan Democratic Movement (PDM) government had initiated military trials for those involved in attacks on state and military installations during the riots. However, the Supreme Court declared such trials of civilians in military courts null and void in an October 23 verdict, later suspended by the apex court in a 5-1 majority ruling in December.
Justice Aurangzeb, during the hearing, highlighted a statement from the director general of Inter-Services Public Relations (DG ISPR) referenced by the petitioner and stressed that the federation must clarify its position. He warned that if the court dismissed the matter now, only for a military trial to be ordered later, it would create complications.
The judge asked the additional attorney general to consult with the federal government and report back on Monday. He noted that if a military trial is not under consideration, the petition would become moot, but if it is, the court would proceed with the case, taking into account the Supreme Court's ruling on military trials for civilians.
In response to the additional attorney general’s request for a decision on objections raised against Khan’s pleas, the judge removed the objections, stating that the petition lacked specific documentation or orders and that the matter of military trials was already sub judice in the Supreme Court. The case was adjourned until September 16.
