Imran seeks court protection against potential military custody

Former prime minister and founder of Pakistan Tehreek-e-Insaf (PTI) Imran Khan has sought court protection from potentially being handed over to Pakistan’s military for trial in connection with the May 9 riots cases.

On May 9, 2023, Pakistan was rocked by widespread unrest after Imran Khan was arrested at the Islamabad High Court. His arrest led to massive protests by PTI supporters across major cities, resulting in violent clashes, attacks on military installations, and extensive property damage.

The government responded with a crackdown on protesters, and the arrest of scores, including senior PTI leaders. The Pakistan military condemned the attacks on its installations, warning of severe consequences.

The petition

The incarcerated ex-PM has filed a petition with the Islamabad High Court (IHC) and has named several government officials as respondents. They include secretaries of law and interior, and the federal government.

Khan's legal team argues that transferring him to military custody would violate his fundamental rights and undermine the rule of law. The petition also challenges the legality of any potential trial by court martial, citing a Supreme Court ruling that declared the trial of civilians in military courts unconstitutional.

“That the instant Petition has been necessitated on account of certain developments subsequent to the aforesaid order of the Lahore High Court and because of a very disturbing piece of information placed in the public domain which, if acted upon, has the capacity to further undermine the Petitioner's fundamental rights.

"Certain observations made by the Honorable Lahore High Court during the hearing of the aforesaid matters and in the order passed therein had the effect of creating a sense of panic in the ranks of those who are desperate to keep the Petitioner behind bars on one pretext or the other,” the petition stated.

Supporters of former prime minister Imran Khan's party, the Pakistan Tehreek-e-Insaf (PTI), carry posters and placards as they chant slogans against what they call, 'blatant rigging in national election', during a protest in Karachi, Pakistan March 2, 2024.Reuters

It said that reports have been circulating on television, print and social media that the former premier will be shifted to the custody of army authorities in connection with the cases regarding the events of May 9 and May 10.

It was noted that many observers and commentators believe the army might take Imran into custody and try him before a court martial.

“In fact, the Petitioner had prior to that expressed the same apprehension which was widely reported in the media. It appears that implementation of those plans has been accelerated because of the proceeding in the remand case,” the petition said.

The petition also mentions reports that a retired senior army officer — former intelligence chief Faiz Hameed — may have been taken into military custody and could be used as an approver against Imran Khan. This, along with the recent public statements by federal officials, has led to growing fears that Khan may be subjected to a military trial, it added.

“It will be a complete travesty of justice and due process if the army authorities are able to obtain custody of the Petitioner. It will be completely against the law declared by a 5-member bench of the Honorable Supreme Court of Pakistan in Jawwad S. Khawaja v. Federation of Pakistan, PLD 2024 SC 337. In that case, the Honorable Supreme Court held that trial of civilians through courts martial was unconstitutional,” the petition said.'

'Political environment to worsen'

Journalist and political analyst Amir Zia believes the political situation would worsen if Imran is court-martialed. He told Nukta that the head of a popular political party should not face a military trial. “Ideally, no one should, but especially not the leader of a popular party,” he said.

Zia said the political environment was already polarized, the political scene will only worsen if this happens.

“When politicians are tried in military courts instead of civilian ones, it raises questions about the credibility of institutions and makes them more controversial,” he concluded.

A torn paper with a picture of former prime minister Imran Khan lies on the floor of a polling station after polls closed, during the general election, in Lahore, Pakistan, February 8, 2024.Reuters

'Military intervention'

Political parties and critics have for long accused Pakistan's army of interfering in politics and governance.

The ex-premier also blames the military for his 2022 ouster and 12-month-old imprisonment on what he calls trumped-up charges. He has been accused of dozens of charges ranging from corruption to leaking state secrets.

Last month, the country's spymaster from 2019 to 2020 Faiz Hameed - widely believed to be close to Imran - was taken into military custody, and will be court-martialed.

Hameed's arrest came after the military said it completed an inquiry ordered by the Supreme Court into a complaint by a real estate developer. It accused the former ISI chief of having misused his office to illegally occupy his housing scheme on the outskirts of Islamabad.

In addition, the military cited "multiple instances of violation of the Pakistan Army Act" following Hameed's retirement that it said had also been established against him.

In an informal conversation with the media inside Adiala jail, following an in-prison hearing of one of his cases, Imran mentioned the likelihood of being taken to a military court after Hameed is made an approver against him.

The PTI founder said everyone knows that all other cases against him have ended, so now they want to take him to military courts, for which they will get a statement from Faiz that May 9 was a conspiracy.