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.


Imran Khan’s party shutdown draws mixed response; government calls it ‘ineffective’

Updated 08 February 2026
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Imran Khan’s party shutdown draws mixed response; government calls it ‘ineffective’

  • Ex-PM Khan’s PTI party had called for a ‘shutter-down strike’ to protest Feb. 8, 2024 general election results
  • While businesses reportedly remained closed in Khyber Pakhtunkhwa, they continued as normal elsewhere

ISLAMABAD: A nationwide “shutter-down strike” called by former prime minister Imran Khan’s party drew a mixed response in Pakistan on Sunday, underscoring political polarization in the country two years after a controversial general election.

Khan’s Pakistan Tehreek-e-Insaf (PIT) opposition party had urged the masses to shut businesses across the country to protest alleged rigging on the second anniversary of the Feb. 8, 2024 general election.

Local media reported a majority of businesses remained closed in the Khyber Pakhtunkhwa (KP) province, governed by the PTI, while business continued as normal in other provinces as several trade associations distanced themselves from the strike call.

Arab News visited major markets in Islamabad’s G-6, G-9, I-8 and F-6 sectors, as well as commercial hubs in Rawalpindi, which largely remained operational on Sunday, a public holiday when shops, restaurants and malls typically remain open in Pakistan.

“Pakistan’s constitution says people will elect their representatives. But on 8th February 2024, people were barred from exercising their voting right freely,” Allama Raja Nasir Abbas Jafri, the PTI opposition leader in the Senate, said at a protest march near Islamabad’s iconic Faisal Mosque.

Millions of Pakistanis voted for national and provincial candidates during the Feb. 8, 2024 election, which was marred by a nationwide shutdown of cellphone networks and delayed results, leading to widespread allegations of election manipulation by the PTI and other opposition parties. The caretaker government at the time and the Election Commission of Pakistan (ECP) both rejected the allegations.

Khan’s PTI candidates contested the Feb. 8 elections as independents after the party was barred from the polls. They won the most seats but fell short of the majority needed to form a government, which was made by a smattering of rival political parties led by Prime Minister Shehbaz Sharif. The government insists the polling was conducted transparently and that Khan’s party was not denied a fair chance.

Authorities in the Pakistani capital deployed a heavy police contingent on the main road leading to the Faisal Mosque on Sunday. Despite police presence and the reported arrest of some PTI workers, Jafri led local PTI members and dozens of supporters who chanted slogans against the government at the march.

“We promise we will never forget 8th February,” Jafri said.

The PTI said its strike call was “successful” and shared videos on official social media accounts showing closed shops and markets in various parts of the country.

The government, however, dismissed the protest as “ineffective.”

“The public is fed up with protest politics and has strongly rejected PTI’s call,” Pakistan’s Information Minister Attaullah Tarar said on X.

“It’s Sunday, yet there is still hustle and bustle.”

Ajmal Baloch, All Pakistan Traders Association president, said they neither support such protest calls, nor prevent individuals from closing shops based on personal political affiliation.

“It’s a call from a political party and we do not close businesses on calls of any political party,” Baloch told Arab News.

“We only give calls of strike on issues related to traders.”

Khan was ousted from power in April 2022 after what is widely believed to be a falling out with the country’s powerful generals. The army denies it interferes in politics. Khan has been in prison since August 2023 and faces a slew of legal challenges that ruled him out of the Feb. 8 general elections and which he says are politically motivated to keep him and his party away from power.

In Jan. 2025, an accountability court convicted Khan and his wife in the £190 million Al-Qadir Trust land corruption case, sentencing him to 14 years and her to seven years after finding that the trust was used to acquire land and funds in exchange for alleged favors. The couple denies any wrongdoing.