Even though many in the legal fraternity hailed his principled stance, some years ago, he supported trying an elected prime minister and a civilian in military courts under the Officials Secrets Act.
In 2016, when the matter of Dawn Leaks came to light, Khosa was invited onto a television talk show with Kashif Abbasi and asked to present his legal view on implications for Nawaz Sharif.
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Khosa was asked about his view in the aftermath of the military rejecting the inquiry notice into Dawn Leaks.
The former Punjab governor responded by saying prima facie, "there was a breach of the Official Secrets Act and was also prosecutable under the Army Act 1952 because it was a matter of national security."
Moreover, he said that it could also be prosecuted under the Protection of Pakistan Act and even considered high treason and sedition under Section 124-A of the Constitution, and it does not require sanction from the government to prosecute.
124-A Sedition:
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Federal or Provincial Government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Explanation 1: The expression ".disaffection includes disloyalty and all feelings of enmity.
Explanation 2: Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
Explanation 3: Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
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Watch his comments below:
لطیف کھوسہ صاحب کا آج فوجی عدالتوں میں civilians کے ٹرائل پر بلکل درست، اصولی موقف ہے
لیکن چند سال پہلے وہ کہتے تھے dawn leaks قومی سلامتی کی خلاف ورزی، سنگین غداری اور بغاوت ہے; فوج حکومت کی اجازت کے بغیر بھی ملوث افراد کے خلاف Army Act اور OSA کے تحت کارروائی کر سکتی ہے pic.twitter.com/4Y9VK28OXK
— Reema Omer (@reema_omer) June 27, 2023
He referred to how Pakistan Muslim League-Nawaz (PML-N) leader Javed Hashmi, who had submitted a letter against the military and had to spend around a year in jail under Section 124-A and that no state sanction was required to initiate proceedings, which is a requirement for actions under Article 6 of the Constitution to try someone for high treason.
Currently, a six-member bench of the Supreme Court, led by Chief Justice Umar Ata Bandial is hearing four petitions against trying civilians in military courts.
Last month, the government had decided to try those involved in attacking and ransacking buildings owned and operated by the military and the state as part of violent protests against the arrests of Pakistan Tehreek-e-Insaf Chairman Imran Khan.
Javed Hashmi corrects Latif Khosa
Later, PML-N stalwart Javed Hashmi corrected Latif Khosa on the jail term he served.
Hashmi reminded Khosa that the former Punjab governor was his lawyer in the case and that he had been sentenced to spend 23 years and eight months in jail though he ended up spending six years in jail before his sentence was commuted.
https://twitter.com/JavedHashmiJH/status/1673985508110925824?t=3_J_UHmQZJ7UeGyGWhuXmg&s=08