ISLAMABAD: Journalist Hafeezullah Niazi moved the Supreme Court (SC) on Monday to declare the trial of civilians in military courts unconstitutional as he fights the case for his son Hassaan Niazi, also nephew of former prime minister and chairman Pakistan Tehreek-i-Insaf (PTI) Imran Khan.
Niazi, in his petition, argued that no parallel judicial system should be established under the Constitution. The petition asserted that Article 10-A guarantees the right to fair trial and fulfils legal requirements, and hence should be upheld.
The petitioner also moved the apex court for Sections 2(1)(d)(ii) and 59(4) of the Army Amendment Act (AAA) to be exempted for those involved in the events of May 9. He further requested the court to also declare Section 94 to be declared unconstitutional.
The opposed section states that any “competent Army Officer could investigate a case of any Army personnel, if he was implicated in a civil offence, provided such army officer made such demand from police authorities.”
Hafeezullah presented a letter from the commanding officer from August 17 regarding his son’s arrest and asked for it to be declared illegal as well. “The act of transferring him to military custody by the police should also be declared unconstitutional,” he argued.
The petitioner also requested that the AAA 2023 and the Official Secrets Act, 2023 should be declared unconstitutional for not fulfilling constitutional requirements. “Any individuals involved in the events of May 9 should not have their trials in military courts. They should be transferred from military custody to police custody,” he stated.
On August 18, Hassaan was handed over to the military for trial after a hearing in the Lahore High Court. Before that, the Punjab Police had sought the custody of Hassaan, wanted in May 9 Jinnah House attack, from Quetta police.
Hassaan was arrested from Abbottabad while reportedly hiding at a friend’s place. The K-P police had handed him over to the Quetta police.
Following the PTI chief’s arrest from Islamabad on May 9, party workers had gathered at six different points in Lahore before gathering outside the Lahore Corps Commanders House – also referred to as Jinnah House. The police allege that Hassaan had led a gathering, majority of lawyers, from GPO Chowk Mall Road to Jinnah House.
