Ex-PM Khan's party moves Pakistani top court against trying rioters under military laws

People walk past the Supreme Court of Pakistan in Islamabad, Pakistan, on April 4, 2022. (AP/File)
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Updated 22 May 2023
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Ex-PM Khan's party moves Pakistani top court against trying rioters under military laws

  • Amy says those behind violent protests following Khan’s arrest would be tried under Army Act
  • Legal experts, rights groups say military courts operate in secret, deprive civilians of basic rights

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) party of former Pakistani Prime Minister Imran Khan on Monday filed a petition before the country’s top court, calling on it to intervene against the use of military laws to try suspects accused of attacking army installations during countrywide protests in the wake of Khan’s arrest earlier this month.

The detention of Khan in a land fraud case on May 9 was met by days-long violent protests by his supporters, who torched private and government cars and buildings, including military installations. Hundreds were arrested in the aftermath, with the army announcing that those found involved in the violence would be tried under relevant Pakistani laws, including the Pakistan Army Act. The military and the government, in several strongly-worded statements since May 9, have both referred to the rioters as “terrorists” and said they were instigated by the PTI and its leaders. 

The Pakistan Army Act of 1952 established military courts primarily to try members of the military or enemies of the state. Civilians accused of offences such as waging war against the armed forces or law enforcement agencies, or attacking military installations or inciting mutiny, can be tried by military courts under a federal government order.

“Whether the trial of civilians through military courts is a clear violation of the Constitutional guarantees of due process and fair trial and violation of Pakistan’s existing obligations under the International Covenant on Civil and Political Rights (ICCPR) as well as the jurisprudence developed by this Honourable Court?” the PTI’s petition said, raising 22 questions that it wanted the Supreme Court’s guidance on, calling the use of military courts a “clear violation of due process” and Pakistan’s commitment to international laws.

The petition also questioned whether the labelling of the PTI as a “terrorist organization” was a tactic to delay holding elections and “oust” the Imran Khan-led party from the electoral process. 

General elections are scheduled in Pakistan in October and the PTI, arguably the country’s most popular party, is widely expected to bag maximum votes.

Military courts operate under a separate system from the civilian legal system and are run by military officers. The judges are also military personnel and cases are tried at military installations. Trials are closed to outsiders, and no media presence is allowed.

The courts have faced widespread criticism from within Pakistan and rights organisations globally because of their secretive nature and their existence alongside a functioning civilian legal system.

“It is alarming to note that the Pakistani Army has stated its intention to try civilians under military laws, possibly in military courts. Trying civilians in military courts is contrary to international law,” Dinushika Dissanayake, Deputy Regional Director for South Asia at Amnesty International, said this week.

“This is purely an intimidation tactic, designed to crack down on dissent by exercising fear of an institution that has never been held to account for its overreach.”

The army has said in the past trials held at military courts are fair and guarantee human and legal rights. Last week, Defence Minister Khawaja Asif said only those who had attacked military properties would be tried under the Army Act.


Government to move Imran Khan to hospital as lawyers seek his release from jail on health grounds

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Government to move Imran Khan to hospital as lawyers seek his release from jail on health grounds

  • Minister says the government is fulfilling its legal duty, urges against politicizing the matter
  • Khan’s family says the ex-PM spoke to sons for 20 minutes, calls for urgent eye treatment

ISLAMABAD: Pakistan’s government said on Saturday it has decided to transfer jailed former prime minister Imran Khan to a hospital and form a medical board for his eye treatment, as opposition protests over the issue entered a second day and his lawyers moved a high court to seek his release on health grounds.

The developments follow a report submitted to the Supreme Court by a lawyer appointed as amicus curiae who was asked to visit Khan at Rawalpindi’s Adiala jail earlier this month. The report said the 73-year-old had suffered severe vision loss in his right eye due to central retinal vein occlusion, leaving him with only 15 percent sight in the affected eye.

The findings triggered a sit-in by an opposition alliance, including members of Khan’s Pakistan Tehreek-e-Insaf (PTI) party, demanding his immediate transfer to Islamabad’s Al-Shifa Hospital. Khan was also allowed to speak to his sons for about 20 minutes, according to his family, despite the former premier’s limited interactions with his family and legal team in recent months due to restrictions that the PTI has challenged in court.

In a social media post, Parliamentary Affairs Minister Tariq Fazal Chaudhry announced the government’s decision.

“Imran Khan has been provided the facility to speak with his sons on the phone and, in view of his health, it has also been decided to transfer him to hospital and constitute a medical board,” he said.

“The government gives priority to humanitarian considerations and legal requirements,” he continued. “Providing facilities to every prisoner in accordance with the law is the government’s responsibility.”

Chaudhry urged that sensitive health matters should not be politicized and said the government was fulfilling its responsibilities, calling for restraint and seriousness instead of what he described as baseless propaganda.

Earlier in the day, Khan’s lawyers filed a petition in the Islamabad High Court seeking suspension of a Dec. 20, 2025 conviction in a graft case involving state gifts, arguing that continued incarceration during the pendency of the appeal would result in a grave miscarriage of justice.

The petition says the judgment is under substantive legal challenge and requests suspension of the sentence until the appeal is decided, a remedy available under Pakistani law when serious questions are raised about a conviction.

According to medical documents cited in the filing, a specialist at the Pakistan Institute of Medical Sciences diagnosed severe damage to Khan’s right eye caused by a blood clot, stating the condition could not be adequately treated inside prison.

Meanwhile, the opposition alliance vowed to continue its sit-in outside Parliament House until Khan was shifted to hospital.

Mustafa Nawaz Khokhar, an opposition politician, told a news conference at the National Press Club that the opposition’s only demand was that Khan be granted full access to the required medical facilities.

“He has already lost vision in one eye,” he told the media.

“His treatment should take place in the presence of his family,” he continued. “Until this demand is met, we will not step back.”

Khan’s sister, Aleema Khan, also confirmed in a post on X that the former premier had spoken to his sons for about 20 minutes following a direction from the chief justice of Pakistan and that the family was now awaiting urgent treatment at Shifa International Hospital under the supervision of his personal doctors.

“We cannot and will not tolerate any further delay,” she said.