Founder Pakistan Tehreek-e-Insaf and former Prime Minister Imran Khan Islamabad High Court Justice Mian Gul Hasan Aurangzeb has remarked during the hearing on the request to stop the possible military detention and trial that ‘politicians and military officers’ statements have been brought on record. The statements are serious if they come from an officer.’
On Monday, Justice Mian Gul Hasan Aurangzeb heard the request to stop the trial and arrest of Imran Khan in a possible military court in the Islamabad High Court.
Justice Mian Gul Hasan Aurangzeb asked the government representative that ‘If you want to put them in military custody, what is the procedure?’
Additional Attorney General told the court that ‘Ministry of Defense has no information about military detention and trial till date. I am giving a statement on behalf of the Ministry of Defense that no such thing has come yet. If there is a request, action will still be taken according to law.’
Justice Hasan Aurangzeb told Imran Khan’s lawyer that ‘on your request I did not issue a notice but asked for a statement. If the answer comes from the government that yes, there is going to be a military trial, then the matter will move forward.
‘We are in a different era today. In today’s age there is a war of words. The court understands your discomfort, understand our limits. I have nothing to go on in this case. The government needs a clear stand on this.’
Defense Ministry representative Brigadier Fulknaz told the court that ‘I have done more than 50 cases in the Field General Court.’
On this, the court inquired, ‘How do you take civilians to military courts?’
Brigadier Fulk Naz said that the concerned magistrate is informed by the military authority.
Justice Mian Gul Hasan Aurangzeb told him that the court is not being given a clear answer regarding the trial in the military court.
The representative of the Ministry of Defense replied that ‘we have a very clean procedure in this regard. We also follow the law of martyrdom.’
The court instructed the representative of the Ministry of Defense and said, ‘What is the procedure for the trial of a civilian in a military court? You give me the procedure in this regard.’
Justice Mian Gul Hasan Aurangzeb remarked that ‘if notice is given to founder PTI before the military trial, then they settle the case. If you say it will come like lightning without notice, then it will not happen.
The NAB Act was declared draconian by the Supreme Court but there is a procedure in it too. The procedure is that first the civil court will frame the charge, if the trial court says that the case is to be sent to the military court, then it can be sent by giving a notice.
This section contains related reference points (Related Nodes field).
The Islamabad High Court adjourned the hearing of the case till Tuesday, September 24, while directing to give a clear stand on the next hearing in this regard.
Standing in Imran Khan’s request
PTI founder Imran Khan approached the Islamabad High Court after the press briefing of Pakistan Army spokesperson DG ISPR.
In response to a question, DG ISPR said in a press briefing that if anyone else is involved in the former DGISI General Faiz Hameed inquiry, action may be taken against him as well.
Keeping this statement in front, Imran Khan, who was the prime minister at that time, filed a petition in the Islamabad High Court.
In the petition filed by lawyer Uzair Karamat Bhandari, Secretary Law, Secretary Home and the Federation were made parties.
Apart from them, IG Islamabad, IG Punjab, DG FIA, IG Prisons are also parties to the petition.
The petition requested that ‘Imran Khan be stopped from being handed over to military custody and ensure that PTI founder remains in civilian courts and civilian custody.’
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#Imran #Khan #Military #Trial #Statements #officer #Court
2024-09-17 13:13:47
What are the legal implications of trying civilians in military courts, as discussed in Imran Khan’s petition before the Islamabad High Court?
Table of Contents
Imran Khan’s Petition: Islamabad High Court Demands Clarity on Possible Military Detention and Trial
In a significant development, Islamabad High Court Justice Mian Gul Hasan Aurangzeb has asked the government to provide clarity on the procedure for trying civilians in military courts, particularly in the context of former Prime Minister Imran Khan’s petition. The court’s directives come in response to Imran Khan’s lawyer’s request to stop his possible military detention and trial.
The Background
Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), had approached the Islamabad High Court after a press briefing by Pakistan Army spokesperson DG ISPR, which hinted at possible action against anyone involved in the former DGISI General Faiz Hameed inquiry. Fearing potential military detention and trial, Imran Khan’s lawyer filed a petition in the Islamabad High Court, naming the Secretary Law, Secretary Home, Federation, IG Islamabad, IG Punjab, DG FIA, and IG Prisons as parties to the petition.
The Hearing
During the hearing on Monday, Justice Mian Gul Hasan Aurangzeb asked the government representative about the procedure for putting Imran Khan in military custody, to which the Additional Attorney General replied that the Ministry of Defense had no information about military detention and trial to date. The representative assured that if a request is made, action will be taken according to the law.
Justice Aurangzeb expressed his concerns, stating that “politicians and military officers’ statements have been brought on record. The statements are serious if they come from an officer.” He instructed the government representative to provide a clear stand on the matter, emphasizing that the court needs a clear answer regarding the trial in a military court.
Key Points from the Hearing
Justice Aurangzeb asked the government representative to clarify the procedure for trying civilians in military courts.
The Defense Ministry representative, Brigadier Fulknaz, stated that they have a “clean procedure” in place, which involves informing the concerned magistrate by the military authority.
The court emphasized the need for a clear answer on the trial procedure in a military court, citing the NAB Act as an example of a law with a defined procedure.
Justice Aurangzeb remarked that if notice is given to Imran Khan before the military trial, then the case can be settled. Otherwise, it will not happen without notice.
* The court adjourned the hearing till Tuesday, September 24, directing the government to provide a clear stand on the matter.
Implications
The Islamabad High Court’s directives have significant implications for Imran Khan’s petition and the broader issue of military trials for civilians in Pakistan. The court’s emphasis on clarity and procedure highlights the need for transparency and accountability in the country’s legal system. As the hearing continues, the nation will be watching closely to see how the government responds to the court’s demands and whether Imran Khan’s petition is successful in preventing his potential military detention and trial.
Keyword Tags: Imran Khan, Pakistan Tehreek-e-Insaf, Islamabad High Court, Military Detention, Military Trial, Justice Mian Gul Hasan Aurangzeb, DG ISPR, General Faiz Hameed, NAB Act.
What are the key events in Imran Khan’s legal battles since he became a politician?
Imran Khan: A Former Cricketer-Turned-Politician’s Turbulent Journey
Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI) and former Prime Minister of Pakistan, has been embroiled in a plethora of controversies and legal battles. The Islamabad High Court recently heard a request to stop the possible military detention and trial of Khan, with Justice Mian Gul Hasan Aurangzeb remarking that “politicians and military officers’ statements have been brought on record. The statements are serious if they come from an officer” [[3]].
The Court’s proceedings were in response to a press briefing by Pakistan Army spokesperson DG ISPR, who stated that if anyone else was involved in the former DGISI General Faiz Hameed inquiry, action may be taken against them as well [[3]]. This statement prompted Khan to approach the Islamabad High Court, seeking protection from potential military detention and trial.
During the hearing, Justice Aurangzeb questioned the government representative about the procedure for putting someone in military custody, to which the representative replied that the Ministry of Defense had no information about military detention and trial as of yet [[3]]. The representative added that if a request was made, action would be taken according to the law.
However, Justice Aurangzeb expressed discomfort with the lack of clarity on the government’s stance, stating that “we are in a different era today. In today’s age, there is a war of words. The court understands your discomfort, understand our limits. I have nothing to go on in this case. The government needs a clear stand on this” [[3]].
The Defense Ministry representative, Brigadier Fulknaz, claimed to have handled over 50 cases in the Field General Court, but was unable to provide a clear answer on how civilians are taken to military courts [[3]]. Justice Aurangzeb instructed the representative to provide a clear procedure for the trial of a civilian in a military court.
In a separate development, Khan has been sentenced to 10 years in prison for leaking state secrets [[2]]. Additionally, he has been sentenced to 14 years in prison for corruption [[1]]. These convictions have added to the former Prime Minister’s legal woes, which are likely to have significant implications for his political career.
As the Islamabad High Court adjourned the hearing of the case till September 24, with directions to provide a clear stand on the next hearing, it remains to be seen how this will unfold for Imran Khan. One thing is certain, however – the former cricketer-turned-politician’s turbulent journey is far from over.
