Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), filed a petition in the Islamabad High Court (IHC) on Tuesday to halt his potential military trial related to the May 9 cases. The plea, submitted under Article 199 of the Constitution, comes amid speculation that the deposed prime minister may face a military court trial.
Last week, Federal Minister for Law and Justice, Senator Azam Nazeer Tarar, indicated that the Punjab government would decide whether to refer Khan’s case to a military court, stating, “The prosecution of May 9 cases is being handled by the Punjab government, and they will decide on referring the case to a military court.” This statement was made during an informal discussion with media on August 29, as reported by The News.
Read more: Non-Bailable Arrest Warrant Issued for KP Chief Minister Ali Amin Gandapur
Similarly, in response to Khan’s recent demand for an “open trial” of former spymaster General (retired) Faiz Hamid, Defence Minister Khawaja Asif suggested that Khan himself might be tried in a military court for the events of May 9.
Violent protests erupted nationwide on May 9, 2023, following Khan’s arrest from the Islamabad High Court premises in a corruption case. Alleged PTI supporters vandalized military installations, including the General Headquarters in Rawalpindi, and set fire to the Lahore Corps Commander House.
Upon receiving Khan’s plea, the IHC registrar’s office raised several objections, including:
- The petitioner’s failure to refer to any specific First Information Report (FIR).
- The lack of attached documentation or orders.
- The jurisdiction issue, as the cases were registered in Punjab.
- The appropriateness of filing in a high court while the matter of military trials remains sub judice in the Supreme Court.
Read more: US charges Hamas leaders over October 7 attack
Notably, in December 2023, the Supreme Court, in a 5:1 majority verdict, suspended its earlier order from October 23, 2023, which had declared civilian trials in military courts invalid concerning the May 9 riots. This suspension followed intra-court appeals by the federal and provincial governments and the defense ministry.
The December 13 order indicated that military court trials would depend on the Supreme Court’s final verdict on the intra-court pleas.
Khan’s lawyer, Intezar Panjutha, spoke to the media about the petition, quoting Khan as saying, “It is unprecedented that an ex-prime minister is being considered for a military court trial. How can the leader of a popular political party be subjected to this?” Panjutha also argued that, according to a Supreme Court ruling, a civilian cannot be tried in a military court.