Islamabad High Court's (IHC) Justice Miangul Hasan Aurangzeb has adjourned the hearing of a petition filed seeking to prevent the possible detention and trial in a military court of Pakistan Tehreek-e-Insaf (PTI) Founder Imran Khan. The hearing is now scheduled for September 24.
The court also directed the government to provide a clear stance on whether the former prime minister will face a military trial.
During the proceedings, Justice Aurangzeb questioned the government's process for transferring civilians to military custody. "If someone's military detention is planned, what is the procedure?" he inquired, highlighting that if statements are made by high-ranking officers, then they are serious.
The additional attorney general, representing the Ministry of Defense, stated that the ministry currently has no information regarding any potential military trial or detention for Imran Khan. He added that even if an application is submitted in this regard, any action would follow the law.
Justice Aurangzeb also asked for the legal procedure for trying a civilian in a military court, instructing the Ministry of Defense's representative to present the relevant details. The judge also asked the petitioners if their application was premature. "On your request, I did not issue a notice but sought a statement. If the response confirms there is going to be a military trial, then the matter would proceed," the judge remarked.
He also noted that no conclusive response had been provided by the government regarding the military trial. "I have nothing to proceed in this case. The court is not being given a clear answer regarding a trial in the military court," said the judge.
Brigadier (retd) Falak Naz, representing the Ministry of Defense, assured the court that military procedures are clear, and that trials follow established laws.
Justice Aurangzeb remarked that if a notice is served on Imran Khan before the military trial, then the case can be disposed of, but if something has to come in a flash without a notice, then that would not be possible.
"The NAB law was declared draconian by the Supreme Court, but there is a procedure to that too," Justice Aurangzeb remarked, adding that the according to the procedure, first a civil court will frame the charge and if it says the case is to be sent to a military court, it can be transferred by issuing a notice.
The judge noted that no clear answer was being given by the government, and sought clear instructions in this regard.
