Former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan on Tuesday approached the Islamabad High Court (IHC), urging it to bar the relevant civilian authorities from handing him over to the military for prosecution of May 9-related cases.
Imran expressed his apprehension — citing speculation from some — that former Inter-Services Intelligence (ISI) chief Lt Gen Faiz Hameed, who was arrested by the military a few weeks ago, could be made to turn approver against him apart from referring to a recent statement of Barrister Aqeel Malik.
The application, which was moved through advocates Uzair Karamat Bhandari and Mian Samiud Din, stated that recent attempts have been made to implicate him in cases pertaining to the violence against state institutions on May 9 and May 10, 2023.
Imran explained the need for his petition by stating that certain developments have taken place that have the potential to further undermine his fundamental rights.
He said that he had filed several cases before the Lahore High Court, which adjudicated the legality of the orders passed, seeking his physical remand in connection with the May 9 cases.
"A learned division bench, through an order dated July 25, 2024, passed in Imran Ahmed Khan Niazi v Special Judge, ATC and others, Criminal Revision No. 45661 of 2024, declared the remand of the petitioner in relation to offences allegedly committed on 9 and 10 May 2023, to be unlawful inter alia on the basis of insufficient evidence against him," he contended, adding that he has now been either granted bail or requests for his physical remand have been set aside in all cases against him in relation to the events of May 9 and 10.
However, he said that "certain observations made by the Lahore High Court during the hearing of his petitions in the subsequent order passed by the court had the effect of creating a sense of panic in the ranks of those who are desperate to keep the petitioner behind bars on one pretext or the other.
He further claimed that reports have been circulating on various media that he could be shifted into military custody in connection with the May 9 cases.
"Many observers and commentators have expressed the view that the army authorities will take the petitioners into custody and try him before a court-martial," Imran maintained, adding that he had previously expressed this apprehension, which was widely reported. Now it appears that those plans will be implemented as because of the proceedings in the remand case.
The former prime minister further expressed apprehensions that following the arrest of "a senior army officer" (Lt Gen Faiz Hameed), there was widespread speculation that he could be made an approver against him in the May 9 cases.
He further referred to a statement made by the Federal Government's Spokesperson for Legal Affairs, Barrister Aqeel Malik, who allegedly stated that the former prime minister could "absolutely" be tried in a military court and that the provisions of the Army Act 1952 were applicable to him.
Moreover, he referred to Federal Law Minister Azam Nazeer Tarar's statement, in which he stated that the Punjab government would make the final decision on referring Imran's cases to the military court.
Imran termed referring the case to the Punjab government a "red herring" and "totally deceptive."
"Previously, such decision was taken by the Federal Government which, can proceed independently."
Imran argued that if military authorities obtained his custody, it would be a complete "travesty of justice and due process."
"It will be completely against the law declared by a five-member bench of the Supreme Court," he said, adding that the top court had declared the trial of civilians through court martials as unconstitutional.
He also raised questions about the legality of the process by which the military obtained the custody of 103 detainees in May 9 cases.
Imran argued that the process laid down in law to hand him or any civilian over to the military for a trial has not been followed in his case since the court already declared his remand illegal.
Imran claimed that ever since his ouster from office in April 2022, has been subject to the gravest state oppression through his "false implication in scores and scores of cases," due to which he has spent more than a year behind bars.
He further claimed that the "brazenly illegal and unconstitutional manner in which he (along with those belonging to his political party, the PTI) has been treated by state authorities over the last two years (which is well documented in the public domain and of which judicial notice can be taken) make this a real concern."
Imran said that if he is handed over to the military, it would frustrate and undermine the relief granted to him by the Lahore High Court and the bail granted to him.
He further claimed that the matter was of immense public importance and directly affected the state of the rule of law in the country and his rights as a civilian.
He urged the court to direct the government to retain his custody in civilian hands and subject to the jurisdiction of civilian courts.