Pakistan court seeks clarity from govt on Imran’s potential military trial

A high court in Pakistan has directed the federal government to clarify its position on the potential military trial of former prime minister Imran Khan by September 16.

The court issued the order on Thursday, addressing concerns raised by Khan’s legal team that he might be handed over to the military for prosecution.

The case stems from a petition filed by Khan last week, following the arrest of former spymaster Lt. Gen. Faiz Hameed. The ex-general, believed to have close ties with Khan, is reportedly facing court-martial proceedings. Khan’s lawyers expressed fear that the ex-premier might face a similar fate.

Justice Mian Gul Hassan Aurangzeb, presiding over the hearing, questioned whether the government intended to pursue a military trial for Khan. "If no such proceedings are underway, the petition will become moot. If there is a possibility, we will proceed with the case," the judge observed.

The court’s inquiry came after its registrar raised objections regarding the petition’s admissibility on the basis of it being apprehensive. However, the judge dismissed the objections. The petition expressed concern over statements by senior military and government officials suggesting the possibility of a military trial for the Pakistan Tehreek-e-Insaf (PTI) founder.

Imran Khan’s lawyer, Aziz Bhundari, argued that the government’s rhetoric had created uncertainty around Khan’s potential military trial. However, Justice Aurangzeb remarked, “This is politics. You’re saying no case is in progress, but you fear one may be initiated?”

The judge further referenced a statement from the Director-General of Inter-Services Public Relations (DG ISPR), noting it as a “political” matter. Aurangzeb emphasized that Khan, as a civilian, should not be subjected to military trials, adding, “If we dismiss this case today, and tomorrow you return with a military trial order, what will happen then?”

The court ordered Additional Attorney General Munawar Iqbal Duggal to seek clear instructions from the government regarding its stance on Khan’s trial and report back to the court by the deadline.

PTI supporters wave party flags during a rally in Islamabad on Sept 8, 2024. Reuters

The petition

The incarcerated ex-PM had filed a petition earlier this month with IHC, naming several government officials as respondents. Khan's legal team argued 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.

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

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 court martial was unconstitutional,” the petition said.'

The registrar’s office initially objected to the petition, questioning how general relief could be sought without a specific First Information Report (FIR) and how the Islamabad High Court could address issues related to Punjab.

The court, however, overruled these objections, citing a Supreme Court ruling on the trials of civilians in military courts, and proceeded to hear the case.