LAHORE; The Lahore High Court (LHC) has scheduled for September 16 the hearing of a petition filed by Pakistan Tehreek-e-Insaf (PTI) leader Hassan Khan Niazi challenging his trial under military court proceedings. A two-member bench, headed by Justice Syed Shahbaz Ali Rizvi, will hear the case.
According to media reports, the court had earlier issued notices to the federal government on objections raised by the registrar’s office. The registrar pointed out that Niazi had not attached an attested copy of the commanding officer’s order with his petition, and further argued that the petitioner had not approached the appropriate forum.
This petition is part of a series of legal challenges initiated by Hassan Niazi following his arrest in connection with the May 9 incidents. He has argued through his counsel, Faisal Siddiqui, that after being taken into custody in the aftermath of the May 9 riots, he was never presented before a civilian court. Instead, he alleged that Sarwar Road police handed him over to the military authorities, which he termed an unlawful act.
Earlier, a division bench of the LHC comprising Justice Syed Shahbaz Ali Rizvi and Justice Tariq Mehmood Bajwa had sought a reply from the federal government regarding Niazi’s petition. In that petition, Niazi challenged both his detention by the military and the initiation of court martial proceedings against him.
In his plea, Niazi specifically requested the LHC to declare null and void the notification issued by the commanding officer on August 17, 2023, under which he was placed in military custody. He further sought termination of all subsequent military court proceedings against him.
The petition also prayed that the court order his release from custody or, alternatively, direct the authorities to present him before an Anti-Terrorism Court (ATC), which he argued was the proper civilian forum to try the charges against him.
The case has attracted significant attention as it falls within the broader debate over the legality and constitutionality of trying civilians, particularly political figures, in military courts after the May 9 unrest. Multiple petitions across the country have raised similar challenges, with the Supreme Court of Pakistan also set to rule on the constitutionality of military trials of civilians.
