The Pakistan Government has informed the High Court here that jailed former prime minister Imran Khan’s military trial is not under consideration, days after the court sought clarification over the uncertainty surrounding the issue.
Khan, 71, had filed a petition in the Islamabad High Court against the possibility of his military trial in connection with cases registered against him over his involvement in the May 9, 2023 violence in which supporters of his Pakistan Tehreek-e-Insaf (PTI) party allegedly attacked military installations following his arrest.
The IHC last week asked the government to clarify the uncertainty over the issue.
Additional Attorney General (AAG) Barrister Munawar Iqbal Duggal on Monday presented the government’s statement on the issue before the IHC bench comprising Justice Miangul Hassan Aurangzeb during the hearing of Khan’s petition, the Dawn newspaper reported.
He told the court that Khan’s trial by military court was not under the government’s consideration, the paper said.
The judge asked the AAG and the law officer of the defence ministry, retired Brigadier Falak Naz, about the procedure of trying a civilian by military courts.
Naz informed the court that the magistrate concerned was notified before initiating the court martial proceedings. He said a civilian can be tried by a military court for certain offences under the Pakistan Army Act.
Justice Aurangzeb asked if the military authorities served notice on the accused prior to the court martial proceedings, adding that Khan’s petition could be disposed of if the court is assured that he would be issued notice well before his trial in a military court.
Duggal said there was no information from the defence ministry about Khan’s military trial to date, adding that in case military authorities sought his trial, the ex-premier would be dealt with in accordance with the law.
However, he informed the court no decision has been made in this matter so far. The court asked Khan’s counsel if the petition was premature since the defence ministry has yet to make a decision.
The counsel, Uzair Bhandari said that the government’s spokesperson for legal affairs Barrister Aqeel Malik is on record having said that the ex-PM would be tried by the military court.
The court then sought a categorical response from the government and adjourned the hearing to September 24.
Khan, the PTI founder, has been in jail since August last year after being convicted in some of the nearly 200 cases slapped on him since his ouster in April 2022.
Various government officials have been indicating about holding the military trial of Khan, but any such decision will depend on the final judgment of the Supreme Court
