Imran's nephew Hassan Niazi moves LHC against court martial

PTI leader Hassan Khan Niazi, nephew of party founder Imran Khan, on Wednesday filed a petition in the Lahore High Court (LHC) challenging his handover to the military, his trial by court martial, and the sentence handed down to him.

Niazi was arrested in connection with the May 9 riots at Lahore’s Jinnah House and subsequently handed over to the army in 2023. A military court later sentenced him to 10 years of rigorous imprisonment in December last year.

In his petition, filed through lawyer Faisal Siddiqui, Niazi argued that his custody was transferred directly to the military “without any judicial oversight” and in violation of due process.

“The transfer of the petitioner’s custody directly to the military authorities without any judicial oversight is patently and wholly without jurisdiction,” the plea stated.

It further contended that no application under Section 549(3) of the Criminal Procedure Code (CrPC) — which governs the delivery of individuals liable to be tried by a court martial — was filed before any civilian court, including the Anti-Terrorism Court in Lahore.

According to the petition, Niazi was handed over to the custody of the 54th Electrical and Mechanical Engineers Battalion “on a mere letter by a military functionary” without any order from a civilian court. It maintained that neither Section 549(3) of the CrPC, nor Sections 94 and 59(4) of the Pakistan Army Act, 1952, allowed such a transfer without judicial authorization.

The petition alleged that Niazi was “singled out” among hundreds of people nominated in the May 9 FIR and thousands implicated in related cases.

Niazi has asked the LHC to declare his transfer to military custody unlawful, without jurisdiction, and of no legal effect.