Pakistan Tehreek-e-Insaf (PTI) leader Hassaan Khan Niazi, the nephew of former Prime Minister Imran Khan, on Wednesday appealed his court martial in a military court before the Lahore High Court (LHC), seeking the reversal of his conviction or a fresh trial in a civilian court.
Niazi was arrested in the aftermath of the May 9, 2023 riots over his alleged involvement in the attack on the Lahore Corps Commander’s House. He was convicted and sentenced to 10 years of rigorous imprisonment in December 2024.
In his petition, Niazi has argued that he was never presented before a civilian court after being arrested in the May 9 case. “The transfer of the petitioner’s custody directly to the military authorities without any judicial oversight is patently and wholly without jurisdiction,” it reads. “No application under Section 549(3) [delivery to military authorities of persons liable to be tried by court-martial] CrPC [Criminal Code of Procedure], 1898, was filed before any court, including the ATC [Anti-Terrorism Court] Lahore,” it added.
It further argues that no law allows for the transfer of custody of the petitioner from police to military authorities for a trial without a relevant transfer order. It contends that Niazi was “singled out” of the hundreds of people swept up in the crackdown following the May 9 riots. As such, it seeks the court to declare the initial transfer illegal as well as all “all subsequent judgments, orders, proceedings or actions, including court-martial proceedings.”
In light of this plea, states the petition, the court should direct the respondents to “either release the petitioner or produce him before the [Anti-Terrorism Court, Lahore]” with regards to any criminal case arising out of the May 9 riots in accordance with law.