IHC fixes hearing of Imran Khan's plea against possible military trial

ISLAMABAD: The petition filed by Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the Islamabad High Court (IHC) has been fixed for hearing on Thursday (today) in which he sought a court order to prevent his potential transfer to military custody for a trial in the May 9 violent protests' cases.

IHC's Justice Miangul Hassan Aurangzeb will hear the incarcerated ex-premier's plea.

The high court fixed the hearing of the PTI founder's despite the IHC's registrar's office raising multiple objections to it.

The PTI founder had filed the plea under Article 199 of the Constitution on September 3 amid speculations about a military trial of the deposed prime minister trial in a military court.

Multiple statements by government high-ups including Defence Minister Khawaja Asif and Law Minister Azam Nazeer Tarar also fuelled the speculations.

As ex-PM Khan remains embroiled in various legal cases, Asif had told a private news channel earlier this week that it was becoming clearer day by day that the former prime minister will face a military trial based on "evidence against him".

Speaking on Geo News programme Aaj Shahzeb Khanzada Kay Saath in August, the defence czar had also claimed that Khan's trial will be open if it is held in a military court.

However, Asif had ruled out possibility of an "open trial" of military personnel after the former premier called for an open trial of former Inter-Services Intelligence (ISI) chief Lieutenant General (retd) Faiz Hamid who was taken into custody by the military over alleged abuse of power and the Army Act violation last month.

Prior to filing of the PTI chief petition in the IHC, Federal Law Minister Tarar had also signalled that the Punjab government would decide to refer the PTI founder's case to a military court if it found it necessary, The News quoted him as saying in an informal talk with media persons on August 29.

However, Khan's plea was met with objections raised by the IHC registrar's office saying that neither did it mentioned any specific first information report (FIR) nor any documentation or order was attached to the petition and how a petition be filed in a high court while the matter of military trials is sub judice in the Supreme Court.

It is pertinent to note that the apex court in December 2023, in a 5:1 majority verdict suspended its October 23, 2023, order wherein it declared civilians' trials in military courts null and void in connection with the May 9 riots.

The verdict was announced on intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court's verdict announced by then Justice Ijazul Ahsan-led bench earlier that year.

The December 13 order stated that military court trials would be conditioned on the Supreme Court's final verdict on the intra-court pleas.