Govt directed to provide clarification on Imran Khan's possible military trial

ISLAMABAD: The Islamabad High Court (IHC) on Monday directed the federal government to provide clarification over Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's possible military trial in the May 9 riots case. 

The court's remarks come in light of PTI founder's pleas against the possibility of military trials in the May 9 case that witnessed the installations of the armed forces being vandalised following his arrest in a graft case last year. 

"There is no clear answer from the government. I am giving you time to bring instructions in this regard," said Justice Miangul Hassan Aurangzeb who presided over the hearing today.

The court ordered the Ministry of Defence to give a clear stance on the next hearing after which the ministry sought time. The hearing was adjourned till next Tuesday (September 24).

The former prime minister's pleas came in the wake of statements by government high-ups including Defence Minister Khawaja Asif and Law Minister Azam Nazeer Tarar that fuelled rumours of his military trial.

It is pertinent to know that in July last year, 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 ended up in the Supreme Court which declared civilians' trials in military courts null and void in its October 23, 2023, 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, 2023, verdict stated that military court trials would be conditioned on the apex court's final verdict on the intra-court pleas.

During the hearing today, Justice Aurangzeb asked the procedure of handing someone in military custody. "The Ministry of Defence has no information of military detention and trial till date," he remarked, adding that nothing regarding the matter has been brought before the ministry.

The additional attorney general said: "If any request is made, action will still be taken according to the law."

At this, Justice Aurangzeb said he has nothing to proceed with in this case. The court then sought the procedure of civilians' trial in military court from the defence ministry.

The defence ministry's representative said they have a "very clean procedure".

"If a notice is issued to PTI founder before the military trial, then the case will be wrapped up," said Justice Aurangzeb, adding that the civil court will first frame the charge, according to the procedure.

If the trial court says that the case is to be sent to the military court, then the notice should be issued first, he added.