- Imran Khan files plea to stop potential handover to military.
- "Nothing more crucial than ex-PM being dragged into military court".
- PTI founder's lawyer says civilian can't be tried in military trial.
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan on Tuesday filed a petition in the Islamabad High Court (IHC) to stop his potential military trial in connection with the May 9 cases.
The plea filed under Article 199 of the Constitution comes amid speculations about a military trial of the deposed prime minister trial in a military court.
Last week, Federal Minister for Law and Justice Senator Azam Nazeer Tarar said that 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 the provincial government 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 General (retd) Faiz Hamid last month, Defence Minister Khawaja Asif hinted at the possibility of the deposed prime minister's trial in a military court for the May 9 riots.
Violent protests broke out across the country after the cricketer-turned-politician was arrested from the premises of IHC in a graft case on May 9, 2023. Amid the protests, the alleged PTI supporters vandalised military installations including General Headquarters in Rawalpindi and engaged in arson at the Lahore Corps Commander House.
After receiving Khan's plea, the IHC registrar's office raised objections on it:
- • 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 the cases registered in Punjab.
- • How can a petition be filed in a high court while the matter of military trials is subjudice 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 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 military court trials would be conditioned on the Supreme Court's final verdict on the intra-court pleas.
Speaking to 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 cannot be tried in a military court in the light of a Supreme Court verdict.
