Former Pakistani PM Imran Khan initiated a petition in the Supreme Court to declare the trial of his Pakistan Tehreek-e-Insaaf (PTI) party supporters under military law as illegal.
Overview
Khan’s lawyer, Hamid Khan, argued that the arrests and investigations under the Army Act and the Official Secrets Act showed that the government was imposing “undeclared” martial law in Punjab, Balochistan, Khyber Pakhtunkhwa, and Islamabad.
These actions of the PM Shehbaz Sharif-led coalition government were unconstitutional as they violated due process and fair trial laws, Khan argued in the petition.
In this regard, the PTI chief urged the apex court to set up a judicial commission to determine the actions that must be taken against those responsible for the violence during the 9 May protests launched after Khan’s arrest in Islamabad.
16 Civilians Facing Military Trial
Strongly condemn the police raid yet again on the residence of Ch Pervez Elahi.
— Imran Khan (@ImranKhanPTI) May 25, 2023
No end to yazeediyat launched on PTI and its supporters.
The mindset behind this tyranny is that this will weaken the party.
A political party only weakens when it loses its vote bank, as have all…
On Thursday, a Lahore court handed over 16 civilians, who were arrested for their involvement in the 9 May protests, to the military. The establishment then confirmed that they would be charged under military law.
Among the 16 civilians is a PTI leader selected to run for PTI in the next provincial elections. Meanwhile, Khan claims that over 10,000 people have been arrested in connection to the 9 May protests. However, the government has claimed it used surveillance technology to charge 4,000 involved in violent attacks on public and military properties.
The military trials have often been criticised for being opaque and secretive as they are not open to outsiders or the media. It only allows appeals in the military court.
This is particularly concerning, given that Amnesty International said earlier this week that Khan’s supporters were being victimised with “arbitrary arrests.” The international organisation also demanded that the government refrain from using “vague anti-terrorism laws” to target political opposition.
Similarly, the Human Rights Commission of Pakistan said, “While those responsible for arson and damaging public and private property during the recent protests should be held to account, they remain entitled to due process.”
Government Defends Arrests
So now the complete London plan is out. Using pretext of violence while I was inside the jail, they have assumed the role of judge, jury and executioner. The Plan now is to humiliate me by putting Bushra begum in jail, and using some sedition law to keep me inside for next ten…
— Imran Khan (@ImranKhanPTI) May 14, 2023
However, Pakistani Defence Minister Khawaja M. Asif said that the military had the right to try the civilians, given that their attacks on the army’s properties were an “act of rebellion against the state.” Speaking to Al Jazeera, he highlighted that the military’s officers and installations, such as air bases, were targeted.
To this end, he said, “They planned it. It was not spontaneous. You must understand the gravity of the offence, the gravity of events which took place.”
In addition, he vowed to ensure “absolute transparency” in these cases.
Asif further said that the government is looking to ban Khan’s PTI party over the incident as his supporters targeted “the very basis of the state.”