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IHC Seeks Clarity on Civilian Trial in Military Courts, Including PTI Founder
The Islamabad High Court has asked the Ministry of Defense to clarify the trial procedure for civilians in military courts and whether the PTI founder will face such a trial.
ND
by News Desk
2024-09-16
IHC Seeks Clarity on Civilian Trial in Military Courts, Including PTI Founder

The Islamabad High Court (IHC) has asked the Ministry of Defense to provide a clear procedure for the trial of civilians in military courts and whether the founder of the Pakistan Tehreek-e-Insaf (PTI) will face such a trial. The court also sought the federal government's explicit stance on the potential military trial of the PTI founder.

 

During a hearing on a petition filed by the PTI founder against his possible military detention and trial, IHC Justice Mian Gul Hasan Aurangzeb raised critical questions regarding the legal process for civilians being tried in military courts. The petition was filed in response to concerns about the founder’s military detention and trial following his political and legal challenges.

 

Justice Aurangzeb inquired if a civilian is to be handed over to military custody, what the formal process would be. He emphasized that statements made by both politicians and military officers on the matter are important and should be taken seriously.

 

During the proceedings, the Additional Attorney General, representing the Ministry of Defense, stated that the ministry had no information to date regarding the military detention or trial of the PTI founder. He assured the court that, should such a request arise, it would be handled according to the law.

 

Justice Aurangzeb then addressed the PTI founder’s lawyer, asking if the application against military trial was premature at this stage. He suggested that if a military trial is indeed forthcoming, the matter would proceed accordingly. "The court understands your concerns, but we also understand our own limitations," the judge remarked, indicating that, without further developments, the case could not move forward.

 

Brigadier Falknaz, representing the Ministry of Defense, provided insight into the workings of military courts, mentioning that he had overseen more than 50 cases at the Field General Court. He explained that the procedure for taking civilians into military custody involves notifying the relevant magistrate.

 

The court demanded further clarification on the process of trying civilians in military courts, urging the Ministry of Defense to submit a detailed procedure on the matter. Justice Aurangzeb emphasized the need for a clear process, stating that if notice is given to the PTI founder before any military trial, the case could proceed. However, he cautioned that any sudden actions without due process would not be accepted.

 

Justice Aurangzeb also pointed out that while the Supreme Court had previously declared parts of the National Accountability Bureau (NAB) Act as draconian, it at least laid out a procedure. He implied that military trials for civilians must also follow a transparent process.

 

He added, "The process requires the civil court to frame the charge first. If the trial court decides to send the case to a military court, notice must be given beforehand."

 

The IHC has given the federal government and the Ministry of Defense additional time to provide clear instructions and a formal procedure for military court trials involving civilians. The next hearing in the case is scheduled for September 24.
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