ISLAMABAD: The fate of the incarcerated founding chairman of the Pakistan Tehreek-i-Insaf (PTI) became the focus of interest on Tuesday evening after he approached the high court over an apprehension of court martial.

The former prime minister expressed fears of his court martial in connection with May 9 cases on the basis of FIRs registered against him in Rawalpindi and filed a petition before the Islamabad High Court (IHC) against his possible trial in a military court.

In his petition, Mr Khan referred to the recent arrest of former spymaster retired Lt Gen Faiz Hameed. “A few weeks ago, a retired senior army officer was taken into military custody. It has been widely speculated and reported in the media that he will be made an approver against the petitioner in cases pertaining to May 9 and 10, 2023 and the petitioner will be transferred to military custody on this basis.”

The former premier further stated that his apprehensions had been given credence inter alia by a statement made by federal government’s spokesman for legal affairs, Barrister Aqeel Malik, on a TV show on Aug 23. The petitioner could absolutely be tried in a military court, and that the provisions of the Pakistan Army Act, 1952, were applicable to him, the legal wizard had stated.

Fears ex-spymaster may be made approver against him in May 9 cases

He also referred to a statement issued by federal Minister for Law and Justice Azam Nazeer Tarar that it would be Punjab government’s prerogative to decide whether or not to refer the May 9 cases against the ex-premier to a military court.

Meanwhile, rumours began to swirl in political and journalistic circles of Islamabad on Tuesday night that custody of the PTI chairman had been handed over to military authorities, while some claimed that Mr Khan could be handed over to military authorities at any time.

However, there was no official confirmation and Dawn was unable to independently verify these claims.

‘Genuine possibility’

In his petition, Mr Khan claimed that his court-martial would be contradictory to the judgement of a five-member bench of the Supreme Court titled, “Jawwad S. Khawaja versus Federation of Pakistan”, in which the apex court held that the trial of civilians through court martial was unconstitutional.

“What is equally important in the context of the current petition is the finding in that case that the manner in which custody of 103 detainees was obtained by army authorities in connection with the events of May 9 and 10, 2023, was illegal,” the petition stated.

It contended that there was a “genuine possibility that the army authorities will take the petitioner into custody”.

The former premier alleged that the brazenly illegal and unconstitutional manner in which he [along with those belonging to his political party] had been treated by state authorities over the last two years (which was well documented in the public domain and of which judicial notice can be taken) made this “a real concern”.

The petitioner urged the court to direct the respondents, including the interior, defence and law secretaries, Islamabad inspector general of police, Punjab IG (Prisons) and Adiala jail superintendent, not to hand over ex-PM Khan’s custody to the military authorities. He also requested the IHC to ensure that his cases are heard in civilian courts.

Published in Dawn, September 4th, 2024