The Islamabad High Court (IHC) on Thursday sought the federal government’s clarification on a potential military trial of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan over his alleged involvement in the May 9, 2023 riots.
“The PTI founder is a civilian; the military trial of a civilian is a matter of concern for the petitioner as well as the court,” remarked Justice Miangul Hassan Aurangzeb while hearing a petition filed by the former prime minister seeking a bar on the military taking him into its custody.
In his petition, the PTI founder had referred to statements from various senior government officials hinting at a possible military trial. He had also pointed to a recent press conference of military spokesman Lt. Gen. Ahmed Sharif Chaudhry in which the military official had said a military trial could commence if sufficient evidence were found to pursue it.
During proceedings, Justice Aurangzeb said the statements referred to by the petitioner were “political,” but acknowledged that the Inter-Services Public Relations (ISPR) director-general’s remarks merited clarity from the federation. “Today if we [court] say there’s nothing [yet] and tomorrow you produce an order for a military trial, what would happen then?” questioned the judge, while directing the additional attorney general to take instructions from the federal government and inform the court at the next hearing on Monday (Sept. 16).
“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,” he added, while noting a Supreme Court decision on civilians’ military trials was in field.
To the additional attorney general’s request for a decision on objections raised on Khan’s plea—it did not specify any FIR or documentation—the judge said that he was removing the objections raised by the IHC registrar’s office. The case was then adjourned until Sept. 16.
An appeal against the Supreme Court decision declaring civilian trials in military courts as null and void is currently pending, with military courts barred from issuing any final verdict on pending trials of civilians until the final verdict.