No decision yet on Imran Khan's military trial, AAG tells IHC

• Petition will first go to the civil magistrate, says AAG.
• IHC Justice Aurangzeb disposes of PTI founder's plea.
• Ministry of Defence representative was also present.

ISLAMABAD: On the Islamabad High Court's (IHC) seeking clarification from the government over Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's possible military trial, Additional Attorney General (AAG) Munawar Iqbal Duggal on Tuesday apprised the court that no decision had so far been taken in this regard.

Hearing the former prime minister's plea, the high court on September 16 ordered the Ministry of Defence to give a clear stance about his military court trial on the next hearing on September 24 (today), upon which the ministry had sought time.

The PTI founder had petitioned against the military trials in the May 9 case that witnessed military installations being vandalised following his arrest in a graft case in 2023.

Khan's petition had come in the wake of statements by government high-ups including Defence Minister Khawaja Asif and Law Minister Azam Nazeer Tarar that fuelled rumours of his military trial, over his alleged involvement in the May 9 riots.

It is pertinent to know that in July 2023, an anti-terrorism court in Lahore — in a four-page written verdict — had said that reasonable grounds existed to connect the PTI founder with the May 9 incidents.

Meanwhile, the additional attorney general said if any decision about Khan’s military trial was taken then legal procedure would be adopted for it.

"If a decision about military trial is taken, the plea will be submitted to the civil magistrate first,” he said.

At this, IHC Justice Miangul Hassan Aurangzeb disposed of the PTI founder's petition.

Apart from the AAG, a representative of the Ministry of Defence was also present during the hearing. 

It is to be noted that the Pakistan Democratic Movement (PDM) led government had initiated military trials of those involved in targeting state and military installations in 2023's riots.

The matter ended up in the Supreme Court which declared civilians' trials in military courts null and void in its October 23, 2023, verdict which was later suspended by the apex court in a 5:1 majority ruling in December.

The majority order was announced on the intra-court appeals filed by the federal and provincial governments and the defence ministry against the top court's verdict.

The December 13, 2023, verdict stated that military court trials would be conditioned on the apex court's final verdict on the intra-court pleas.

During the hearing on September 16, Justice Aurangzeb had asked about the procedure of handing someone in military custody. "The Ministry of Defence has no information of military detention and trial till date," he had remarked, adding that nothing regarding the matter had been brought before the ministry.

The additional attorney general had said: "If any request is made, action will still be taken according to the law."

At this, Justice Aurangzeb had said he had nothing to proceed with in this case. The court had then sought the procedure of civilians' trial in military court from the defence ministry.

The defence ministry's representative had said they have a "very clean procedure".

"If a notice is issued to the PTI founder before the military trial, then the case will be wrapped up," Justice Aurangzeb had said, adding that the civil court would first frame the charge, according to the procedure.

If the trial court said that the case was to be sent to the military court, then the notice should be issued first, he had added.

Behind bars

In September 2023, Khan was shifted to Rawalpindi's Adiala jail from Attock prison on order of the IHC.

The 71-year-old cricketer-turned-politician, who was removed from power via a parliamentary vote in April 2022, has been in prison for more than a year after he was booked in a plethora of cases, including the Toshakhana case, cipher case, and the un-Islamic marriage case.

His wife, Bushra Bibi, has also been behind bars for months.

However, a court suspended the PTI supremo’s sentence in the Toshakhana case, while other courts overturned his convictions in the cipher and iddat cases.

While there were hopes for Khan and Bushra's release in July, they were dashed when the National Accountability Bureau (NAB) arrested them on fresh charges related to the sale of state gifts.

The chances of Khan's release from jail further dimmed after the Lahore Police declared his arrest in several cases related to the May 9, 2023, riots, that erupted after his detainment from IHC premises in 2023.