Court seeks government clarification on Pakistan ex-PM Khan’s possible military trial

A vehicle carrying former Pakistan's prime minister Imran Khan leaves from Islamabad High court in Islamabad on May 31, 2023, after Khan was granted bail in multiple cases. (AFP/File)

• Imran Khan fears arrested former spy chief will be made an approver in May 2023 riots cases and he will be transferred to military custody
• The former premier, who is in jail since August 2023, has been indicted under Pakistan’s anti-terrorism law in connection with last year’s violence

ISLAMABAD: The Islamabad High Court (IHC) on Thursday sought clarification from the Pakistani government about a possible military trial of jailed former prime minister Imran Khan in connection with violent protests over his arrest last year that targeted government and military installations.
Protesters linked to Khan’s Pakistan Tehreek-e-Insaf (PTI) party attacked and damaged government and military buildings on May 9, 2023, after his brief arrest that day in a land graft case. Hundreds of PTI followers and leaders were arrested following the riots and many continue to remain behind bars as they await trial. The military has also initiated trials of at least 103 people accused of involvement in the violence.
Last month, the army arrested retired general Faiz Hameed, former head of the powerful Inter-Services Intelligence (ISI) agency, who was widely believed to be close to Khan when he was PM from 2018-2022. The military said “multiple instances” of violation of the Pakistan Army Act post-retirement had been found against Hameed, in what was widely seen as a veiled reference to his continued support to Khan and his party, including in planning the May 2023 riots.
The developments raised fears within Khan supporters of his possible trial by a military court as Defense Minister Khawaja Asif even referred to Hameed as a “strategic adviser” to the PTI during the violence, prompting Khan to file a petition in the IHC against his possible military trial.
“The court has ordered the additional attorney general of Pakistan to clear the ambiguity by Monday, Sept 16 or the court will issue an interim order,” the PTI said in a statement sent to reporters. “The government, so far, has failed to maintain if the possible military trial of a former prime minister is still on the cards or if it was just a ploy to buy time for more gimmicks.”
In his petition, Khan has referred to Hameed’s arrest and to widespread media reports and speculation that the former spy chief would “be made an approver against the petitioner [Khan] in cases pertaining to May 9 and 10, 2023 and the petitioner will be transferred to military custody on this basis.”
The ex-premier also referred to recent statements by government officials that he should be tried in a military court and that the provisions of the Pakistan Army Act, 1952 were applicable to him.
Khan and the PTI say the May 2023 riots have been used as a ruse by political rivals and the military to crack down on the party, which is arguably the most popular in Pakistan. Khan has also been indicted under Pakistan’s anti-terrorism law in connection with the violence. A section of Pakistan’s 1997 anti-terrorism act prescribes the death penalty as maximum punishment. Khan has denied the charges under the anti-terrorism law, saying he was in detention when the violence took place.
Khan has been in jail since August 2023 on a slew of charges that he says are “politically motivated” to keep him out of power and suppress the popularity of the PTI. Authorities deny the allegations.
Khan was convicted in four cases since he was first taken into custody, all of which have been either suspended or overturned by the courts. He, however, remains in jail on new charges relating to the illegal sale of gifts from a state repository while he was the prime minister.