Former Prime Minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan has filed a petition in the Islamabad High Court (IHC) in an effort to prevent his potential trial in a military court.
The petition, filed on Tuesday under Article 199 of the Constitution, comes amid growing speculation that Khan, who was ousted from power in 2022, may face a military trial in connection with the violent events of May 9, 2023.
These events included widespread protests and the vandalism of military installations, incidents which have since led to intense scrutiny and legal action against the PTI and its supporters.
Context of the May 9 Protests and Legal Fallout
On May 9, 2023, Pakistan was rocked by violent protests following the arrest of Imran Khan on the premises of the Islamabad High Court in a graft case.
The unrest saw alleged PTI supporters engaging in acts of arson and vandalism, including attacks on the General Headquarters in Rawalpindi and the Lahore Corps Commander House.
These events marked a significant escalation in the country’s political tensions and prompted the government to consider extraordinary measures, including the possibility of trying those involved in military courts.
The prospect of Khan facing a military trial has sparked widespread debate, with opinions divided on the legality and appropriateness of such a move. Last week, Federal Minister for Law and Justice Senator Azam Nazeer Tarar indicated that the Punjab government would decide whether Khan’s case should be referred 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,” Tarar stated during an informal conversation with media representatives on August 29.
Legal Objections and the Supreme Court’s Role
Khan’s petition to the IHC comes at a critical juncture, as the issue of military trials for civilians is already being contested in the Supreme Court of Pakistan. The petition was met with immediate objections from the IHC registrar’s office, which questioned the grounds of the petition on several points.
The registrar’s office noted that the petition lacked specific references to any first information report (FIR), was unsupported by necessary documentation or orders, and questioned how a petition could be filed in the IHC when the matter was sub judice in the Supreme Court.
These objections highlight the complex legal terrain that Khan’s legal team must navigate. The Supreme Court had previously issued a significant ruling on December 13, 2023, where a 5:1 majority verdict suspended its earlier decision to declare civilians’ trials in military courts null and void.
The suspension was granted pending a final verdict on intra-court appeals filed by the federal and provincial governments, as well as the defense ministry, against the earlier ruling.
The Supreme Court’s eventual decision will have profound implications not only for Khan’s case but also for the broader legal landscape concerning the use of military courts to try civilians in Pakistan.
The December ruling specified that any military court trials related to the May 9 riots would be contingent on the Supreme Court’s final judgment.
Khan’s Counsel Argues Against Military Trial
Imran Khan’s legal team, led by counsel Intezar Panjutha, has been vocal in its opposition to the potential military trial. Speaking to the media, Panjutha conveyed Khan’s strong stance against the idea of being tried in a military court.
“Nothing is more crucial than an ex-prime minister being dragged to a military court. How can the leader of a popular political party be taken to a military court?” Khan was quoted as saying.
Panjutha further argued that, based on a previous Supreme Court verdict, a civilian cannot be tried in a military court. This assertion echoes a broader concern among legal experts and human rights advocates who argue that military courts lack the transparency and procedural safeguards necessary to ensure a fair trial for civilians, especially those involved in politically charged cases.
The petition filed by Khan represents a significant legal challenge to the government’s handling of the May 9 cases and underscores the ongoing political turmoil in Pakistan.
As the Islamabad High Court reviews the petition and the Supreme Court prepares to issue its final verdict on the matter, the outcome of these legal battles will likely shape the future of civil-military relations in Pakistan, as well as the country’s broader democratic framework.
Imran Khan’s petition to the Islamabad High Court is a pivotal moment in the ongoing saga of Pakistan’s political and legal struggles.
As the courts grapple with the question of whether a former prime minister can be tried in a military court, the case raises profound questions about the balance of power, the role of the judiciary, and the protection of civil liberties in Pakistan.
The outcome of this legal challenge will be closely watched, not just in Pakistan but around the world, as it may set a precedent for how politically sensitive cases are handled in the future.
