IHC seeks govt position on Imran Khan's concern about military trial

Islamabad: The Islamabad High Court (IHC) on Monday asks a definitive answer from the government regarding the possibility of PTI founder Imran Khan’s military trial.

Justice Miangul Hassan Aurangzeb, heard Imran Khan’s plea seeking to prevent any impending military detention or trial.

During the hearing, Justice Aurangzeb questioned the government about the mechanisms for such military proceedings.

The additional attorney general informed the court that the Ministry of Defence had not received any information regarding military detention or trials related to this case.

He indicated that no application had been filed on the matter and assured that any action would be taken according to the law if an application were submitted.

Justice Aurangzeb expressed skepticism about the timing of Khan’s application, suggesting it might be premature as he was only seeking a government response and had not issued any notice yet.

“If the government confirmed that a military trial was imminent, the court could then take appropriate action,” he noted and remarked, “We are living in an age of a war of words.”

Justice Aurangzeb acknowledged the applicant’s distress but emphasized that he was constrained by procedural limitations. He stated that the case could only advance if Imran Khan received a notice before any military trial, as proceeding without such notice was not permissible.

The court observed that while the Supreme Court had criticized the NAB law as draconian, it still included a procedural mechanism. The court explained that charges could be framed by a civil court, and if the case were referred to a military court, a notice would be required.

A representative from the Ministry of Defence (MoD) shared that he had dealt with over 50 similar cases and explained that civilians could be tried by military courts under Section 2 (1) D of the Army Act. The MoD representative clarified that military authorities would inform the relevant magistrate, and any violation of the Army Act could lead to a court martial.

Imran Khan’s counsel, Aziz Bhandari, described the hardships faced by Khan and his spouse, emphasizing their conviction during the night and the lack of a concrete response to their concerns.

Given the absence of a clear government response, the court has given Khan’s counsel additional time to provide definitive directives from the government. The IHC has adjourned the hearing until next Tuesday, pending a clear government stance on the potential military trial of Imran Khan.