Incarcerated former Pakistan Prime Minister Imran Khan approached the Islamabad High Court on Tuesday over an apprehension of court martial and filed a petition before the Islamabad High Court (IHC) against his possible trial in a military court, Dawn reported.
The Pakistan Tehreek-i-Insaf (PTI) founder expressed fears of his court martial in connection with May 9 riots based on the FIRs registered against him in Rawalpindi.
In his petition, he referred to the recent arrest of former ISI Director-General, Lt Gen Faiz Hameed (ret).
“A few weeks ago, a retired senior army officer was taken into military custody. It has been widely speculated and reported in the media that he will be made an approver against the petitioner in cases pertaining to May 9 and 10, 2023 and the petitioner will be transferred to military custody on this basis,” Khan was quoted as saying.
The former premier further stated that his apprehensions had been given credence inter alia by a statement made by Barrister Aqeel Malik, federal government’s spokesman for legal affairs.
The petitioner could absolutely be tried in a military court, and that the provisions of the Pakistan Army Act, 1952, were applicable to him, Malik recently stated.
Imran Khan also referred to a statement by federal Minister for Law and Justice, Azam Nazeer Tarar that it would be Punjab government’s prerogative to decide whether or not to refer the May 9 cases against the ex-premier to a military court.
Meanwhile, rumours started making rounds in political and journalistic circles of Islamabad that the PTI founder’s custody has been handed over to military authorities, while some claimed that Khan could be handed over to military authorities at any time, according to Dawn. The rumours, however, couldn’t be officially verified.
In his petition, the deposed PM has also claimed that his court-martial would be contradictory to the judgement of a five-member bench of the Supreme Court titled, ‘Jawwad S Khawaja versus Federation of Pakistan’, in which the apex court held that the trial of civilians through court martial was unconstitutional.
“What is equally important in the context of the current petition is the finding in that case that the manner in which custody of 103 detainees was obtained by army authorities in connection with the events of May 9 and 10, 2023, was illegal,” the petition stated.
It contended that there was a “genuine possibility that the army authorities will take the petitioner into custody”.
The former premier alleged that the brazenly illegal and unconstitutional manner in which he [along with those belonging to his political party] had been treated by state authorities over the last two years made this “a real concern”.
The petitioner urged the court to direct the respondents, including the interior, defence and law secretaries, Islamabad inspector general of police, Punjab IG (Prisons) and Adiala jail superintendent, not to hand over ex-PM Khan’s custody to the military authorities. He also requested the Islamabad HC to ensure that his cases are heard in civilian courts, as reported by Dawn.
