- PTI leader’s petition terms custody transfer ‘without jurisdiction, without lawful authority’
- Niazi’s counsel argues his client handed to army on ‘mere letter,’ alleging he was ‘singled out’ among thousands nominated in May 9 cases
- Seeks release or production before ATC Lahore for trial under FIR No. 96/2023
LAHORE: Pakistan Tehreek-e-Insaf (PTI) founder’s nephew Hassaan Khan Niazi on Wednesday filed a petition in the Lahore High Court (LHC) against his military custody, the court martial conducted against him, and the operation of the military court in his case.
On December 26, 2024, a military court sentenced 60 civilians, including Niazi, to prison terms ranging from two to 10 years for their alleged involvement in attacks on military installations during the May 9, 2023 nationwide riots, according to a statement issued by the Inter-Services Public Relations (ISPR).
Advocate Hassaan Khan Niazi, who was handed into military custody in August last year, was among two individuals sentenced to 10 years of rigorous imprisonment, the ISPR list noted.
Niazi filed a petition with the LHC through his counsel Faisal Siddiqui, contending that after his arrest in the May 9 case, he was never produced before a civilian court.
“The transfer of the petitioner’s custody directly to the military authorities without any judicial oversight is patently and wholly without jurisdiction,” the petition, available with Dawn.com, argued.
It further stated that no application under Section 549(3) of the Criminal Procedure Code (CrPC), 1898 was filed before any court, including the Anti-Terrorism Court (ATC) Lahore, to authorize his handover for trial by court martial.
The petition alleged that Niazi was illegally handed over to the 54th Electrical and Mechanical Engineers Battalion by Sarwar Road police station authorities “on a mere letter by a military functionary under the Federation of Pakistan, without any judicial oversight or process whatsoever.”
It argued that neither Section 549(3) of the CrPC, nor Sections 94 (concurrent jurisdiction of court martial and criminal court) and 59(4) (civil offences) of the Pakistan Army Act, 1952, nor any other provision of law, empowered the transfer of custody directly from police to military authorities without a court order.
The petition also claimed that Niazi had been “singled out” from hundreds nominated in the 2023 FIR and thousands implicated in the May 9 cases.
Accordingly, Niazi requested the court to declare his custody transfer from Sarwar Road police to the Commanding Officer of the 54th Electrical and Mechanical Engineers Battalion “without jurisdiction, without lawful authority, and of no legal effect.”
He further sought to have the letter ordering his transfer and all subsequent proceedings—including his court martial—declared unlawful.
The petition also urged the court to direct his release or order that he be produced before the Anti-Terrorism Court, Lahore, in connection with FIR No. 96 of 2023 (dated May 10), for further proceedings in accordance with law.
