IHC seeks Centre’s explanation on possible military trial of Imran Khan

ISLAMABAD: Amid speculations regarding the prospects of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's military trial over his alleged involvement in the May 9 mayhem — which witnessed army installations being vandalised following his arrest in a graft case last year — the Islamabad High Court (IHC) on Thursday sought clarification from the federal government on the said issue.

Hearing Khan's plea filed under Article 199 of the Constitution on September 3 amid speculations hinting at his trial in a military court, Justice Miangul Hassan Aurangzeb said: "The PTI founder is a civilian [and ] the military trial of a civilian is a matter of concern for the petitioner as well as the court." 

The ex-PM's pleas came against the backdrop of statements by government high-ups including Defence Minister Khawaja Asif and Law Minister Azam Nazeer Tarar which have fuelled such rumours.

Commenting on the former premier's legal woes earlier this week, Asif had told a private news channel that it was becoming clearer day by day that the former prime minister would face a military trial based on "evidence against him".

It is pertinent to know that in July, an anti-terrorism court in Lahore — in a four-page written verdict — said that reasonable grounds existed to connect the PTI founder with the May 9 incidents.

It is to be noted that the Pakistan Democratic Movement (PDM) led government had initiated military trials of those involved in targeting state and military installations in last year's riots.

The matter had ended up in the Supreme Court which declared civilians' trials in military courts null and void in its October 23 verdict which was later suspended by the apex court in a 5:1 majority ruling in December.

The majority order was announced on the intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court's verdict.

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

Expressing his views during the hearing today, Justice Aurangzeb remarked the petitioner has referred to a statement issued by the director general Inter-Services Public Relations (DG ISPR) and said that if it is such, then the federation should present its clear stance on the matter.

"Today if we [court] say that there's nothing [on the matter] and [then] tomorrow you produce an order for a military trial, what would happen then?" the judge said while directing the additional attorney general to take instructions from the federal government and inform the court on Monday.

"Is the PTI founder's military trial under consideration? If there's nothing as such then the plea will become ineffective. However, if it is then we [court] will hear the case and decide upon it," Justice Aurangzeb noted while pointing out that a decision of the SC on civilians' military trials exists already.

In response to additional AG's request for a decision on the objections raised on Khan's pleas, the judge said that he was removing the objections raised by the IHC registrar's office.

He was referring to the objections that the petition neither mentioned any specific first information report (FIR) nor any documentation or order was attached to the petition and questioned how a petition be filed in a high court while the matter of military trials is sub judice in the Supreme Court.

The court then adjourned the case till September 16.