IHC seeks clear-cut answer from govt on Imran Khan's fears about military trial
Pakistan
Official says Army Act violation entails court martial trial under Section 2 (1) D
ISLAMABAD (Dunya News) - The Islamabad High Court (IHC) has sought clarity from the government on possible military detention and trial of PTI founder Imran Khan.
IHC’s Justice Miangul Hassan Aurangzeb heard Imran Khan’s application seeking prevention of looming military detention and trial.
Justice Aurangzeb inquired about the possible mechanism for military detention.
The additional attorney general responded that the Ministry of Defence had no information about military detention and trial till today. He said no application had been sent on the present matter.
He said action would be taken according to law if an application was moved.
Justice Aurangzeb inquired from the PTI counsel “don't you think your application is premature. I just sought a response from the government and did not issue any notice.”
He added that if a response was issued by the government that a military trial was going to happen, then the court could proceed further. "We are living in an age of war of words," he remarked.
Justice Aurangzeb said he did understand the distress of the applicant but he didn’t have anything to proceed this case further as "I have limitations".
The court remarked that this case could be disposed of if Imran Khan was issued notice before military trial. But without any notice, he said, this could not be allowed.
The court maintained that the SC had declared the NAB law draconian but still it had a mechanism. The court stated that the mechanism was that the civil court would frame charges. "If trial court refers the case to military court, it can be done be issuing a notice," he said.
At this point, the MoD representative informed the court that he had seen more than 50 cases of this nature.
The court inquired from him about the procedure of trying civilians under military courts.
The MoD representative replied that “military authority informs the relevant magistrate and any person who violates the Army Act, he faces court martial trial”. He added that the Army Act was a special law and civilians could face military trial under Section 2 (1) D.
During the hearing, Imran Khan’s counsel Aziz Bhandari highlighted the ordeal faced by the incarcerated PTI founder and his spouse, saying they were convicted in the dead of night.
The counsel said when they showed concern, no concrete reply came.
The court said there was no clear response from the government therefore, he gave time to counsel to appear with relevant directives from the government.
The IHC adjourned the hearing until next Tuesday. The court sought a clear-cut government stance on possible military trial of Imran Khan.
LAST HEARING
It is pertinent to note that the IHC had sought response from the federal government on the issue of PTI founder Imran Khan’s possible military trial in the last hearing on Sept 12.
Justice Auraganzeb remarked that “Imran Khan is a civilian and possible military trial of a civilian is a matter of concern for the applicant and court.”
