Former Pakistan Prime Minister Imran Khan has been in jail since August last year. The country’s military and civilian government have recently indicated that he may be tried by a military court.
Pakistan’s Defense Minister Khawaja Asif recently said in an interview that there is enough evidence against Imran Khan to indicate that he may be tried in a military court. However, he did not give details of this evidence.
The comments came after a press conference held by General Ahmed Sharif Chowdhury, head of Asif’s military press wing. In the press conference on September 5, Chowdhury said that if there are allegations of conspiracies by civilians against army personnel, they will be brought under the law.
Imran Khan was arrested on charges of corruption on May 9 last year. That day, activists of his party Pakistan Tehreek-e-Insaf (PTI) staged a protest demonstration, which led to attacks on military installations and violence. Thousands of people were subsequently arrested, and about 100 were tried in military courts. Imran is also likely to be tried in a military court for his alleged involvement in the incident.
The Pakistani government claims that the constitution allows for the trial of civilians in military courts. Civilians can be prosecuted under martial law, but there is also legal debate over its validity.
Meanwhile, in 2023, the Supreme Court of Pakistan ruled against the trial of civilians in military courts. The government appealed, but the verdict was stayed in December. On the other hand, military courts have specific conditions for the trial of civilians.
Lawyer Rida Hossain says the trial of civilians in military courts is not automatic. By filing a charge in a civilian court, a trial in a military court may be permitted, if the charge is proven there.
Military courts in Pakistan are generally conducted in secret and transparency of trials is limited. Accused are given the right to hire a lawyer, but civilians cannot be present in court.
Although civilians are tried in military courts in Pakistan, no former prime minister has ever faced trial. According to former military officer Inam-ul-Rahim, Imran Khan’s case will not go to a military court, as it might tarnish the image of the army.
