Imran’s military trial still undecided, Pakistan’s govt confirms to court

The Pakistani government confirmed to the Islamabad High Court (IHC) on Tuesday that it had not made any decision regarding a military trial of incarcerated ex-premier Imran Khan.

The Additional Attorney General stated that if such a trial is decided, the case would first be sent to a civil magistrate.

Following the government’s confirmation, the court dismissed Khan’s petition in which he sought orders for his custody to remain with civil authorities.

In the last hearing, the high court noted that, according to Khan’s lawyer, the law set by the Supreme Court regarding military courts had struck down Sections 2(1)(b)(i) and (ii) of the Army Act, 1952, as unconstitutional.

However, an appeal was filed, and the Supreme Court's judgment has been suspended through an interim order. Khan’s lawyer emphasized that his client fears being tried under the Army Act without notice, Justice Mian Gul Hassan Aurangzeb noted in the order.

The former premier’s counsel, Faisal Chaudhary, explained that if a civilian is to be tried by a military court, they must first appear before a civil/criminal court, where charges are framed. Only then can the transfer application be made to shift the accused to a military court.

The IHC dismissed Khan's application based on the Additional Attorney General’s statement that the case would proceed according to the law.

Chaudhary clarified that there could be no sudden decision for a military trial of Khan.

He added that transferring a civilian to military custody without following due legal process is a violation of fundamental rights. He noted that if the law is followed, Imran will have legal recourse.

When asked by a journalist if the decision had alleviated concerns about a military trial for Khan, Chaudhary expressed frustration, saying the Supreme Court's orders are being disregarded. He described the current situation as oppressive and fascist, noting that different things are said before the court and done afterward.

Earlier this month, Imran Khan, the incarcerated former prime minister and chairman of Pakistan Tehreek-e-Insaf (PTI), approached the IHC to prevent his transfer to military custody for trial in cases linked to the May 9, 2023 riots.

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Concerns for a military trial

The former prime minister’s legal team has expressed concerns, in a petition filed earlier this month, over the government’s intentions, following comments from Defense Minister Khawaja Asif, who implied that former ISI chief Lt. Gen. (retd) Faiz Hameed, who is considered close to Imran Khan, acted as a “strategic adviser” to the PTI during riots on May 9, 2023.

On that day, PTI supporters allegedly attacked and vandalized government and military installations following Imran Khan’s brief arrest in a corruption case. The violence led to the detention of hundreds of PTI leaders and supporters.

Last month, the army arrested Hameed, accusing him of multiple violations of the Pakistan Army Act. His close association with Imran Khan during his premiership from 2018 to 2022, and his alleged role in the May riots, sparked speculation that the former premier could also face military proceedings.