Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan has filed a petition in the Islamabad High Court (IHC) seeking to block a potential military trial related to the May 9 cases. The plea, submitted under Article 199 of the Constitution, comes amid speculation that the former prime minister could face trial in a military court.
Last week, Federal Minister for Law and Justice Senator Azam Nazeer Tarar suggested that the Punjab government might consider referring Khan’s case to a military court if necessary. Tarar indicated that the prosecution of the May 9 cases is being handled by the Punjab government, which will make the decision regarding a military trial.
Additionally, Defence Minister Khawaja Asif recently hinted at the possibility of Khan facing a military court for the May 9 riots, in response to Khan’s earlier demand for an “open trial” of former spymaster General (retd) Faiz Hamid.
The May 9 protests erupted across Pakistan after Khan, a former cricketer turned politician, was arrested at the Islamabad High Court (IHC) in connection with a graft case. During these protests, alleged PTI supporters vandalized military installations, including the General Headquarters in Rawalpindi, and set fire to the Lahore Corps Commander House.
After receiving Khan’s petition, the IHC registrar’s office raised several objections:
- The petition did not reference any specific First Information Report (FIR).
- No supporting documents or orders were attached to the petition.
- The IHC’s jurisdiction was questioned, as the cases are registered in Punjab.
- The petition’s timing was questioned, as the matter of military trials is already under review by the Supreme Court.
It is important to note that the Supreme Court, in December 2023, suspended its earlier ruling from October 23, 2023, which had declared military trials of civilians connected to the May 9 riots null and void. The suspension was a 5:1 majority decision in response to intra-court appeals filed by the federal and provincial governments and the defence ministry. The final decision on military court trials is pending the Supreme Court’s verdict on these appeals.
Imran Khan’s lawyer, Intezar Panjutha, stated that Khan emphasized the significance of his case, questioning how a former prime minister and leader of a popular political party could be subjected to a military court. Panjutha also noted that, according to a Supreme Court ruling, civilians should not be tried in military courts.
