Pakistani high court disposes of petition regarding Imran Khan’s military

 Islamabad: A Pakistani high court on Tuesday disposed of a petition regarding holding a military trial of former prime minister Imran Khan after it was informed that no decision had been taken by the federal government.

 Khan’s supporters allegedly attacked defence installations and vandalised state properties on May 9, 2023, to protest the arrest of the Pakistan Tehreek-e-Insaf (PTI) founder in a case of alleged corruption.

 More than 100 people among those arrested were handed over to the military authorities for their trial under the army regulations. Several government officials have indicated that Khan could also be tried by a military court.

 The 71-year-old former cricketer-turned-politician had petitioned the Islamabad High Court against his trial being handed over to the military authorities.

Justice Miangul Hassan Aurangzeb presided over the hearing while Additional Attorney General Munawar Iqbal Duggal represented the government in court, who during the proceedings explained that the federal government has not decided whether Khan will face a military trial.

 He stated that if such a trial is pursued, it will be conducted in accordance with Rule 549, following the necessary legal procedure.

He further informed the court that in the event of a military trial, the process would start with a request to a civil magistrate.

 Following the government’s response, the Islamabad High Court closed the petition regarding the PTI leader’s military trial.

 After the threat of a military trial by the government, Khan on Tuesday approached the Islamabad High Court to prevent his possible transfer to military.

 Earlier, Khan had filed a petition on September 3 to ensure that he is kept under civilian jurisdiction.

 He made Secretary of Law, Secretary of Interior, Inspector Generals of Islamabad and Punjab, the Director General of the Federal Investigation Agency (FIA), and the Inspector General of Prisons as respondents in the plea.

 The former premier requested in the plea that the court issue an order to the authorities, restraining them from handing him over to military custody and to ensure his trial remains within the civilian judicial system.

 The former premier faced at least a dozen of such cases and his plea came on the heels of a warning by Defence Minister Khawaja Asif on Sunday that a military trial of Khan was possible in cases linked to the May 9 violence.

 The civilian authorities already handed over 103 people to the military authorities who were arrested due to their alleged involvement in the riots that broke out in the country after Khan was arrested.

 In October last year, the Supreme Court struck down Section 2 (1) (D) of the Army Act, which allowed for the trial of civilians, and ordered that all cases be tried before ordinary criminal courts.

 In December, a six-judge bench of the Supreme Court suspended the order, but also said that the military courts do not hear any case until the petitions against the civilian cases are decided in the military courts.

 So far 20 of 103 handed over the military had been released.

 Khan feared a fate similar to those in army’s custody and he had also filed a similar petition on July 25 in the Lahore High Court.

 The aim of such petitions seems to be preemptive as he wants to influence any decision to transfer his custody to the military.