LHC Rawalpindi Bench. Photo: File
Lahore High Court referred the petition, challenging the military custody and court martial proceedings of PTI founder Imran Khan’s nephew Hassan Niazi, to the Chief Justice Aalia Neelum for the formation of a new bench, after a two-member bench expressed its inability to hear the matter.
A division bench headed by Justice Farooq Haider was set to take up the petition filed on behalf of Niazi, but the bench recused itself from hearing the case and directed that the case file be sent back to the Chief Justice for re-fixation before another appropriate bench.
Niazi’s counsel, advocate Faisal Chaudhry, appeared before the court and argued that his client, arrested in the context of the May 9 incidents, was never produced before a civilian court as required under the law. Instead, he contended, the Sarwar Road Police Station authorities had directly handed him over to the military, which he termed an unlawful and unconstitutional act.
The petition challenges the August 17, 2023, notification issued by the Commanding Officer authorising his custody under military authority. It further seeks to declare all military court proceedings and the court martial process against Niazi as void, unlawful, and without jurisdiction.
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The petitioner has pleaded that he be released from military detention and either produced before a competent anti-terrorism court or set free, as there exists no judicial order justifying his continued custody under military control.
The petitioner in his petition further maintained that placing a civilian under military trial, in the absence of explicit legal grounds and due judicial authorization, constitutes a serious violation of constitutional safeguards and fundamental rights.
The case will now be taken up once the Chief Justice assigns it to a new bench.
