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Justice Aurangzeb, hearing the petition against the possible military custody and trial of the PTI founder, asked for the procedure if the individual were to be placed in military custody.

The Islamabad High Court has requested the Ministry of Defence to provide the procedure for trying civilians in military courts. The court has also sought a clear stance from the federal government on whether the PTI founder will be tried in a military court.


Islamabad—Amjad Siddique—

Justice Mian Gul Hassan Aurangzeb remarked that if the trial court decides to refer the case to a military court, it could be done with notice. The Additional Attorney General informed the court that as of today, the Ministry of Defence has not received any information about placing the PTI founder in military custody or conducting a military trial. If a request arrives, legal procedures will be followed accordingly.

Justice Aurangzeb, hearing the petition against the possible military custody and trial of the PTI founder, asked for the procedure if the individual were to be placed in military custody. The court noted that statements from politicians and military officers are recorded, and if such statements come from an officer, they are considered serious. Additional Attorney General Manzoor Iqbal Dogal stated that the Ministry of Defence has not received any notification regarding military custody or trial. He assured that if such a request is made, legal action will be taken accordingly.

Justice Aurangzeb questioned whether the petition was premature, suggesting that the matter would proceed further only if there was a confirmation of a military trial. He acknowledged the petitioner’s concerns but emphasized the court's limitations in moving forward without concrete information.

Retired Brigadier Falak Naz from the Ministry of Defence explained that he has handled over 50 cases in field general courts. When asked how civilians are tried in military courts, he stated that the relevant magistrate is informed by the military authority. The court requested the procedure for trying civilians in military courts be provided.

Justice Aurangzeb remarked that if the PTI founder were given notice before a military trial, the case could be resolved. If the trial were to proceed without notice, it would not be permissible. The court compared this to the procedure in the NAB law, which, despite being deemed draconian by the Supreme Court, has a defined process. The court concluded that if the trial court decides to refer the case to a military court, it should be done with notice.

The government has yet to provide a clear response. The court has given time to obtain further instructions on the matter, and the case will be heard again on September 24.