Hassaan Niazi appeals his military detention before the LHC.

The nephew of Imran Khan, the founder of Pakistan Tehreek-e-Insaf, Hassaan Khan Niazi, has petitioned the Lahore High Court against his military detention and court martial in the May 9 case.

Hassaan was one of several PTI leaders arrested and put on trial by a military court following the May 9 riots in 2023. In December of last year, he received a sentence of ten years of severe punishment.

“The transfer of the petitioner’s custody directly to the military authorities without any judicial oversight is patently and wholly without jurisdiction,” the plea, which he submitted through his attorney Faisal Siddiqui, stated.

The petition further stated: “No application was filed before any court, including the Anti-Terrorism Court (ATC) Lahore, under Section 549(3) (delivery to military authorities of persons liable to be tried by court-martial) [of the] CrPC (Criminal Code of Procedure), 1898, for [the] delivery of custody of the petitioner for trial by court-martial.”

According to the appeal, Niazi was unlawfully held in military custody “on a mere letter by a military functionary under the [Federation of Pakistan] without any judicial oversight or judicial process whatsoever” and had not been brought before a civilian court.

“The petition argued that no provision of the Army Act or any other law, including Section 549(3) of the CrPC, 1898, Section 94 (order in case of concurrent jurisdiction of court martial and criminal court), or Section 59(4) (civil offences) of the Pakistan Army Act, 1952, authorises the transfer of custody of the petitioner directly from police custody to the military authorities for trial by court-martial without a transfer order by the Civilian Criminal Court.”