Hassan Niazi moves LHC against his military custody

F.P. Report

LAHORE : Hassan Khan Niazi, Pakistan Tehreek-e-Insaf founder Imran Khan’s nephew, has filed a petition before the Lahore High Court against his military custody and court martial in the May 9 case.

After the May 9 riots in 2023, Hassan was among many PTI leaders who were detained and tried by military court. He was sentenced for 10 years of rigorous punishment in December last year.

He filed the petition through his counsel Faisal Siddiqui in which it was stated: “The transfer of the petitioner’s custody directly to the military authorities without any judicial oversight is patently and wholly without jurisdiction.”

The petition added: “No application under Section 549(3) (delivery to military authorities of persons liable to be tried by court-martial) [of the] CrPC (Criminal Code of Procedure), 1898, was filed before any court, including the ATC (Anti-Terrorism Court) Lahore … for [the] delivery of custody of the petitioner for trial by court-martial.”

The petition mentioned that Niazi had not been produced before a civilian court and was illegally detained in the military custody “on a mere letter by a military functionary under the [Federation of Pakistan] without any judicial oversight or judicial process whatsoever”.

“Neither Section 549(3) of the CrPC, 1898, nor Sections 94 (order in case of concurrent jurisdiction of court martial and criminal court) and 59(4) (civil offences) of the Pakistan Army Act, 1952, nor any other provision of the Army Act or any other law empowers the transfer of custody of the petitioner directly from police custody to the military authorities for trial by court-martial without a transfer order by the Civilian Criminal Court,” the petition argued.