ISLAMABAD   -   Founding chairman of Pakistan Tehrik-e-Insaaf (PTI) and former prime minister Imran Khan has feared his military trial claiming that former Director General ISI Lt Gen Faiz Hameed would become approver against him.

“Lt Gen Faiz Hameed’s arrest is being pretended to take my case to the military court; they know all the cases against me are baseless. Faiz Hameed will be made an approver against me,” said Imran while informally talking to reporters at Adyala Jail during the hearing of Toshakhana case hearing on Monday.

The former prime minister further alleged that Hameed’s involvement was merely an attempt to frame him. “They’ll make Faiz Hameed turn state witness against me,” he added.

The former premier on Saturday last had said that he does not feel intimidated by the arrest of Faiz Hameed. He stated that if he were afraid, he would not have called for a judicial commission.

Imran criticised former prime minister Nawaz Sharif’s claims that PTI had ruined the economy, referring to the Economic Survey of Pakistan to counter the allegations.

He pointed out that the previous government left a $19.5 billion deficit, which necessitated PTI’s engagement with the IMF.

“Military Courts are the same as session courts. Accused is presented in the court, prosecution witnesses also appear in the court, and cross-examination happens in the same way as in the sessions courts,” said Advocate Inamur Rahim while talking to The Nation when inquired about military court trials. He further added accused can hire private counsel for the hearings.

When asked about the procedure of appeal in military court trials, Inamur Rahim said the verdict can be challenged within 40 days in the Army Court of Appeal.

From here a person can file an appeal to High Court. According to Article 199 (5), judgment of the appellant military court can be challenged in the high court if due process is not followed, jurisdiction issue or malafide of the court is proved. Otherwise, the appeal can’t be taken to the high court.

Inamur Rahim further said that Article 10 of the Constitution gives the right to engage a counsel to the accused, and Article 10-A guarantees fair trial and due process, which is also followed in military courts.

When The Nation inquired about whether the military court trial is open for the public or persons of interest according to article 352 CrPC, Advocate Rana Qayyum, who represents the accused in military courts, said it’s the prerogative of the commanding officer to grant permission to attend the military court trial. He further said usually trials are conducted in confidential areas that’s why permission is not granted.

Rana Qayyum further said there are three phases in a military trial: board of inquiry, summary of evidence, and then court martial. He further said they have seen the first time in history that civilians who were arrested in May 9 cases were taken from Anti-Terrorism Courts by Commanding Officers of the Army after writing a letter to the ATC judge under section 549 CrPC. In those cases, the police investigation will be considered as a Board of Inquiry, and the remaining procedure will be followed in Military Courts.