ISLAMABAD: Jailed former Pakistani Prime Minister Imran Khan has filed a petition in the Islamabad High Court against his ‘possible’ arrest by the army and subsequent military trial in relation to riots last year in which his followers were allegedly involved, the ex-premier’s party said on Tuesday.
Protesters linked to Khan’s Pakistan Tehreek-e-Insaf (PTI) party attacked and damaged government and military installations on May 9, 2023, after his brief arrest that day in a land graft case. Hundreds of PTI followers and leaders were arrested following the riots and many continue to remain behind bars as they await trial. The military has also initiated army court trials of at least 103 people accused of involvement in the violence. 
Last month, the army arrested retired general Faiz Hameed, former head of the powerful Inter-Services Intelligence (ISI) agency, who was widely believed to be close to Khan when he was PM from 2018-2022. Other than charges relating to a land development case, the military also said “multiple instances” of violation of the Pakistan Army Act post-retirement had been found against Hameed, in what was widely seen as a veiled reference to his continued support for Khan and his party, including in planning the May 9 riots. Defense Minisyer Khawaja Asif has even referred to Hameed as a “strategic adviser” to the PTI during the violence. 
“Former Prime Minister Imran Khan has filed a petition at IHC, against the possible military custody and military court trial citing the May 9 incident,” the PTI said in a statement to media. 
“He’s been very clear about disassociating himself from the incident or that of anyone from the party, repeatedly asking for a judicial commission to launch a transparent investigation, so the real culprits that plotted it, could be brought to justice.”
In his petition, Khan referred to Hameed’s arrest and to widespread media reports and speculation that the former spy chief would “be made an approver against the petitioner [Khan] in cases pertaining to May 9 and 10, 2023 and the petitioner will be transferred to military custody on this basis.”
Khan also referred to a statement made by the federal government’s spokesman for legal affairs, Aqeel Malik, on a TV show on Aug 23 in which he said the ex-premier should “absolutely” be tried in a military court, and that provisions of the Pakistan Army Act, 1952, were applicable to him. He also referred to a statement issued by federal Minister for Law and Justice Azam Nazeer Tarar that it would be the Punjab government’s prerogative to decide whether or not to refer the May 9 cases against the ex-premier to a military court.
Khan and the PTI say the May riots have been used as a ruse by political rivals and the military to crack down on the party, which is arguably the most popular in Pakistan. Khan has also been indicted under Pakistan’s anti-terrorism law in connection with the violence. A section of Pakistan’s 1997 anti-terrorism act prescribes the death penalty as maximum punishment. Khan has denied the charges under the anti-terrorism law, saying he was in detention when the violence took place.
Khan has been in jail since August 2023 on a slew of charges that he says are politically motivated to keep him out of power and suppress the popularity of the PTI. He was convicted in four cases since he was first taken into custody, all of which have been either suspended or overturned by the courts. Khan remains in jail, however, on new charges brought by the national accountability watchdog regarding the illegal sale of gifts from a state repository while he was prime minister.