ISLAMABAD  -  Justice Miangul Hassan Aurangzeb of Islamabad High Court (IHC) on Monday sought a clari­fication from the fed­eral government about PTI founder and former prime minister Imran Khan’s possible military trial in May 9 riots case.

The court ordered Assistant Attorney Gen­eral Munawar Iqbal Duggal to sit with the legal advisor of Ministry of Defence Brig (Retd) Falak Naz and submit a report next Tuesday about the procedure of the military trial to the court. Last week, a pe­tition was filed by Ad­vocate Uzair Karamat Bhandari at the IHC for restraining authorities to move Imran Khan to military custody for military trial. On the last hearing, Justice Mian­gul Hassan Aurangzeb had asked the Ministry of De­fence to submit a report on the apprehensions of the pe­titioners. AAG Duggal told the court yesterday on be­half of the Ministry of De­fence that they don’t have any information as of yet on whether the military trial of Imran Khan will be conduct­ed or not, and if any applica­tion arrives for a military tri­al, then the due process will be adopted.

Justice Aurangzeb asked AAG Duggal what’s the nor­mal procedure for a mili­tary trial to which he re­plied that a military trial can be done under section 549 CrPC. Brig. (Retd) Falak Naz appeared at the rostrum and said he had conducted more than 50 Field General Court Martials; there’s a procedure that is followed in the trials.

Justice Aurangzeb asked how you decide about a ci­vilian that his military trial should take place. Brig Falaz Naz replied there’s concur­rent jurisdiction u/s 549 CrPC; a magistrate can in­form the military authorities about the person. The Paki­stan Army Act is a very spe­cial law and commanding of­ficers decide who conducts the trial. Justice Aurangzeb said, “if you give them ad­equate notice for the mili­tary trial, I’ll finish the case today. I don’t want you to stuck them with lightning one fine day; I’m not getting a straight answer from you.”

Justice Aurangzeb further remarked I want to know if there is a procedure. Are they going to transfer the case to military court after charges are framed in ci­vilian courts? If this is the procedure I can decide the case. Supreme Court had declared NAB laws draco­nian laws but they have a procedure. The petitioner is a citizen of Pakistan, and the Constitution guarantees him certain rights.

Brig Falak said it’s a very clean process, to which Jus­tice Aurangzeb replied, I’m not going on the process; our mind is different; it’s like a database. Brig Falak told the court that there’s a prescribed officer gener­al for Field General Court Martial law.

And which stage is that, asked Justice Aurangzeb. When the person is arrest­ed, replied, Brig Retd Falak Naz. Justice Miangul Has­san Aurangzeb remarked you’re creating difficulties for yourself. All they want is adequate notice so he can avail his constitutional guarantees.

Justice Aurangzeb told the AAG Duggal and Brig. Naz to come up with something positive so we can close the case. He remarked you’re re­spectable to us Brig. Falak Naz but perhaps CrPC is not compatible with your laws.

Brig. Falaz Naz said, we follow Qanoon-e-Shahadat to which Justice Aurangzeb remarked, “And how good is that”. Later, the hearing was adjourned till next Tuesday.