IHC registrar objects to Imran’s plea against ‘possible’ military trial

ISLAMABAD: PTI founder and former premier Imran Khan Tuesday petitioned the Islamabad High Court (IHC) to stop his potential military trial in connection with the May 9 cases. The plea was filed under Article 199 of the Constitution. Last week, Federal Minister for Law and Justice Senator Azam Nazeer Tarar said, if needed, the Punjab government would decide to refer the PTI founder’s case to a military court. “The prosecution of May 9 cases is being done by the Punjab government and it will decide to refer the case to a military court,” The News quoted him as saying in an informal talk with media persons on August 29.

Similarly, responding to the PTI founder’s demand for an “open trial” of ex-spymaster Lt General (retd) Faiz Hamid last month, Defence Minister Khawaja Asif hinted at the possibility of deposed prime minister’s trial in a military court.

The IHC registrar’s office raised objections to the petition, which included: How can the petitioner seek relief without referring to any specific first information report (FIR); No documentation or order has been attached to the petition; How can IHC be petitioned in cases registered in Punjab; How can a petition be filed with a high court while the matter of military trials is sub judice in the Supreme Court.

It may be noted that the apex court in December 2023, in a 5:1 majority verdict, suspended its October 23, 2023 order wherein it declared the civilians’ trials in military courts null and void in connection with the May 9 riots. The verdict was announced on intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court’s verdict announced by Justice Ijazul Ahsan-led bench earlier that year.

The December 13 order stated that the military court trials would be conditioned on the Supreme Court’s final verdict on the intra-court pleas. Speaking to the media, Khan’s counsel Intezar Panjutha said that they spoke to the PTI founder about his plea in the IHC.

The lawyer quoted the former premier as saying, “Nothing is more crucial that an ex-prime minister is being dragged to a military court. How can the leader of a popular political party be taken to a military court?” Panjutha further stated that a civilian could not be tried in a military court in the light of Supreme Court verdict.