LHC sends Hassan Niazi’s court martial case to CJ after bench recuses

• Defence argues police illegally handed civilian over to military

LAHORE: The Lahore High Court (LHC) on Thursday referred a petition challenging the military custody and court martial of PTI founder Imran Khan’s nephew, Hassan Khan Niazi, to Chief Justice Aalia Neelum for the formation of a new bench, after a two-member division bench expressed its inability to proceed with the case.

A bench headed by Justice Farooq Haider was scheduled to hear the petition filed on Niazi’s behalf but recused itself and directed that the case be sent back to the chief justice for refixation before an appropriate bench.

Niazi’s counsel, Advocate Faisal Chaudhry, argued before the court that his client—arrested in the aftermath of the May 9 incidents—was never produced before a civilian court as required by law. Instead, he said, authorities at Lahore’s Sarwar Road Police Station unlawfully handed him over directly to the military, bypassing due judicial process.

The petition challenges the August 17, 2023 notification issued by the Commanding Officer authorising Niazi’s custody under military authority. It seeks to have all military court proceedings and the court martial process declared void, unlawful and without jurisdiction.

The petitioner has prayed that Niazi be released from military detention and produced before a competent anti-terrorism court, or set free altogether, noting that no judicial order exists to justify his continued custody under military control.

The petition further argues that placing a civilian under military trial without explicit legal grounds or due judicial authorisation constitutes a grave violation of constitutional safeguards and fundamental rights.

The matter will now be taken up once the chief justice constitutes a new bench to hear the case.