May 9 arson cases: IHC judge to hear PTI founder’s plea against possible military trial

Court was requested that PTI founder be placed under jurisdiction of civilian courts

By Awais Yousafzai
September 12, 2024
Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan pauses as he speaks during an interview, in Lahore, Pakistan March 17, 2023. — Reuters

ISLAMABAD: Islamabad High Court (IHC) Justice Miangul Hassan Aurangzeb will hear the petition of the Pakistan Tehreek-e-Insaf (PTI) founder with regard to the shifting of the May 9 arson cases to a military court and the possibility of transfer of his custody to military authorities. In the petition, without mentioning the name of the arrested former Lt Gen (retd) Faiz Hameed, it has been submitted that the retired army officer was taken into custody by the military, and he (the PTI founder) could be tried in a military court if he became an approver in the case.

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The court was requested that the PTI founder be placed under the jurisdiction of civilian courts, and the authorities be restrained from handing him over into military custody. There are several objections to the petition by the Registrar Office.

In a petition filed by the PTI founder in the IHC, it has been stated that there are rumours of a military trial for the May 9 and May 10 cases. He said observers say that he would be handed over into military custody and tried by a military court. He also said he himself had earlier expressed his apprehension about what was reported in the media.

The petitioner said that a few weeks ago, a senior retired army officer had been taken into military custody, and according to media reports, the retired army officer could become a witness against the petitioner, who could be transferred into military custody if the retired army officer becomes an approver against him.

The federation has been made a respondent in the petition through the Ministry of Law, while the Ministry of Interior, the Ministry of Defence, the Islamabad IG, the Punjab IG, the Punjab Prisons IG, the superintendent of Adiala Jail and the FIA have also been cited as respondents.

The Registrar Office has raised objections to the petition as to how general relief can be sought without any reference to a specific FIR, and without attaching any order or document to the petition. The office has asked how an application on Punjab cases can be filed with the IHC, and the last objection is that when the matter of military courts is pending with the Supreme Court, how an application can be filed with the high court.

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