ISLAMABAD: The federal government on Monday informed the Islamabad High Court (IHC) that former prime minister Imran Khan’s trial by military court is not under its consideration.

Additional Attorney General (AAG) Barrister Munawar Iqbal Duggal gave this statement before the IHC bench comprising Justice Miangul Hassan Aurangzeb during the hearing of Mr Khan’s petition.

The PTI’s incarcerated leader had filed the petition against his possible military trial in connection with cases registered against him over May 9 violent protests.

However, Justice Aurangzeb asked the government to submit a categorical response to the possibility of ex-PM’s military trial by Sept 24.

The judge asked the AAG and the law officer of the defence ministry, retired Brigadier Falak Naz, about the procedure of trying a civilian by military courts.

Mr Naz informed the court that the magistrate concerned is notified before initiating the court martial proceedings. He said a civilian can be tried by military court for certain offence under Section 2(1)(d) of the Pakistan Army Act.

Justice Aurangzeb asked if the military authorities served notice on the accused prior to the court martial proceedings, adding that Mr Khan’s petition could be disposed of if the court is assured that he would be issued notice well before his trial in a military court.

AAG Duggal said there was no information with the defence ministry about Mr Khan’s military trial to date, adding that in case military authorities sought his trial, the ex-premier would be dealt with in accordance with law. However, he informed the court no decision has been made in this regard so far. The court asked Mr Khan’s counsel if the petition was premature since the de­­fence ministry has yet to make a decision.

The counsel, Uzair Bhandari said that Barrister Aqeel Malik is on record having said that the ex-PM would be tried by the military court. He also invited the court’s attention to the press conference of the director general ISPR, where he without naming Mr Khan had hinted at his military trial. The court then sought a categorical response from the government and adjourned hearing to Sept 24.

Published in Dawn, September 17th, 2024