Will former Pakistani PM Imran Khan be tried in military court? | Imran Khan News

Islamabad, Pakistan The Pakistani military and civilian government have indicated in recent days that former Prime Minister Imran Khan, imprisoned since August last year, could now be tried in the country's secret military courts.

There is now ample evidence against the former prime minister, which makes it more likely that he should be tried in a military court, Defence Minister Khawaja Asif said in an interview with a private news channel last week. He did not, however, elaborate on the evidence against Khan.

Asifs' remarks came after a press conference by General Ahmed Sharif Chaudhry, head of the military's press wing, who suggested that civilians who conspire with military personnel for personal or political gain could face legal action.

Chaudhry described the conditions under which a civilian might be tried under military law, but avoided addressing Khan's situation directly.

Under military law, anyone who uses military personnel, subject to the Army Law, for personal or political purposes, and if there is evidence, will face legal consequences, Chaudhry said on September 5.

Speculation about Khan’s possible military trial stems from his alleged involvement in the May 9 unrest. On that day, Khan’s arrest in connection with a corruption case sparked protests by supporters of his party, the Pakistan Tehreek-e-Insaf (PTI). The protests escalated, targeting government buildings and military installations, and resulted in the arrests of thousands of people, of whom only about 100 were tried in military courts.

Amid concerns over Khan's handover to the military, his legal team filed a petition on September 3 asking the Islamabad High Court to preemptively block any such move.

Is Imran Khan accused of conspiring with military officers?

The legal debate centers on whether Khan can be tried under Pakistan's Army Act, which allows civilians to be prosecuted in military courts in exceptional circumstances.

Chaudhrys' remarks, while not specifically aimed at Khan, suggested that any civilian encouraging military personnel to act against the military or the state could be tried in a military court.

The military has not yet charged Khan with collaborating with military officers in the May 9 violence. But the Pakistani military also recently began court-martial proceedings against former intelligence chief Faiz Hameed and three of his associates, sparking speculation that the court action could be linked to possible moves against Khan.

Khan, who has been convicted three times since his arrest in 2023, remains imprisoned in Rawalpindi’s Adiala Jail in connection with a case involving the deposit of state donations. His three previous convictions have been quashed or suspended. He also faces charges related to the May 9 violent events.

Can a civilian be tried by a military tribunal?

The government has argued that the constitution allows for civilians to be tried in military courts. During Khan’s tenure as prime minister, from 2018 to 2022, several civilians were tried under military law.

However, Khan's PTI party has challenged the legality of military trials for civilians after the May 9 events, filing a petition in the Supreme Court.

Lawyer Rida Hosain explained that in October 2023, a five-member Supreme Court ruled that the civilian court martial was unconstitutional. However, the government appealed the decision and the verdict was suspended in December 2023.

That ruling is currently on hold, meaning civilians can still be tried in military courts, Hosain told Al Jazeera.

Will Khan be handed over to the military?

Islamabad-based lawyer Salaar Khan noted that while it is not yet clear whether a case against Khan will be tried in a military court, the law allows the military to request that a civilian be handed over to it under certain circumstances.

Hosain, however, clarified that this was not an automatic process. Military authorities cannot detain a civilian as of right. A civilian must first be charged with a relevant offence in a civilian court, and a judge must issue a reasoned opinion before a civilian can be transferred to military authorities.

What are the rights of civilians before military courts?

Trials before Pakistani military courts, officially known as Field General Courts Martial (FGCM), are conducted under the authority of the Judge Advocate General (JAG) of the Army's Legal Directorate. Both the presiding judge and the prosecutor are serving military officers.

Military trials are notorious for their secretive nature, with limited transparency of judicial proceedings and no public presence. However, defendants have the right to be represented by a lawyer and, if they cannot afford a lawyer, they may request to be represented by a military officer.

If convicted, defendants have the right to appeal within 40 days to a military appeals court. If they are still not satisfied, they can take their case to higher civilian courts.

Has a former prime minister ever been tried by a military tribunal in Pakistan?

In its 77-year history, Pakistan has never had a prime minister who could serve a five-year term. Many of them have been prosecuted and spent years in prison.

However, although the country has a history of trying civilians in military courts, no former prime minister has ever faced such a trial.

Lawyer Inam-ul-Rahiem, a former military official, opposes trying civilians in military courts but does not believe Khan's case will go that far.

“I don't think the government will refer Khan's case to a military court. He is a political leader and this could bring him into conflict with the army as an institution, which could damage the army's reputation,” Rahiem said.

Rahiem also stressed that unless there is compelling evidence linking Khan to what the government considers seditious activities, his ongoing trials in civilian courts are more appropriate to the charges he faces.

The government will have to present concrete evidence of Khan's involvement in inciting military personnel for personal gain before a military trial can take place, he said.

Lawyer Hosain added that the Supreme Court’s October 2023 ruling underlined that a civilian court must issue a reasoned order before a civilian can be transferred to military custody. The ruling, although suspended, was in line with what Hosain believes should be the law of the land.

From start to finish, the military justice system is incompatible with fundamental rights, she added.

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