The Islamabad High Court summoned, on Thursday, the federal government to explain whether a military trial against former Prime Minister Imran Khan for the May 9 protests is in the offing. This development comes when Imran’s legal team sounded a warning that he was in danger of being tried under military law.
Background of the Case: The former prime minister had earlier stated that there was a plan to try him through a military court on charges regarding countrywide protests call in the wake of his arrest in May 2022. PTI chairman, who has been arrested in the Al-Qadir Trust case, accuses the former intelligence chief, General R Faiz Hameed of being forced to become an approver against him to justify his military trial.
The status-whether the military trial process is underway or not-has so far been contradictory between federal officials and the Punjab government, adding to the uncertainty over his legal proceedings.
The statement came from the military spokesman Lt Gen Ahmed Sharif Chaudhry that people who use military personnel for their personal or political interests may also be tried under military laws. This statement gave a ground for speculations about the possibility of trial of Imran Khan in military courts.
Islam-Abad High Court Hearing: Justice Miangul Hassan Aurangzeb heard the petition of Imran Khan filed for the purpose of a military trial. The petition has been filed under Article 199 of the Constitution, entreating the intervention of the court as no other alternate legal redress is provided by law in this case.
The lawyer, Advocation Ali Uzair Bhandari, representing Imran Khan, seemed worried during the hearing and also referred to contradictory statements by the government. He mentioned that high-ranking military officials had conveyed to the former prime minister a military trial.
Justice Aurangzeb responded that some of the statements were akin to political statements, but he nonetheless asked for AAG Azmat Bashir Tarrar to explain the government’s stance. The judge explained trying a civilian before the military court was a serious issue.
Previous Ruling from Supreme Court: The court also referred to the Supreme Court ruling in October 2023, which declared the military trials of civilians arrested during the May 9 protests null and void. However, this was kept in abeyance with a majority verdict of 5-1 thus keeping everything uncertain.
Next Steps: While disposing of the petition, the court gave the federal government till September 16 to submit a categorical response as to whether the military trial of Imran Khan is contemplated. In case the military trial is contemplated, Justice Aurangzeb said the court would proceed to hear and decide the case.
While giving some time to the government to explain the situation, the Islamabad High Court gave the government time so that it might come up with a justification for the possible military trial of the civilian Imran Khan under the law on charges relating to the May 9 protests. The next hearing on September 16 should bring clarity as to what legal destiny takes place with regard to the PTI founder.