ISLAMABAD: The father of PTI leader Hassaan Niazi has approached the Supreme Court of Pakistan against the custody of his son to army authorities and trial by the military courts.
Hafeezullah Niazi, the brother-in-law of PTI Chairman Imran Khan, has filed a petition challenging the trial of persons allegedly involved in May 9 incidents by the military courts.
The PTI chief, prominent legal expert Barrister Aitzaz Ahsan, and others have already filed a petition in the Supreme Court challenging the trial of civilians in military courts.
The petitioner’s son was arrested from Abbottabad on August 13 and taken to an undisclosed location and his whereabouts were not disclosed.
He filed a writ petition before the Lahore High Court for the production of his son. The police officials instead of producing Hassaan before the court handed over his custody to military authorities.
Hafeezullah Niazi has urged the apex court to issue directives for the release of all persons handed over to or picked up by military authorities for trial before the military court for offences allegedly committed during May 9 incidents and return the custody of all such persons to the civilian institutions.
He urged the court to declare the trial of his son Barrister Hassan Khan Niazi and other civilians before military courts under the Army Act, 1952 in violation of Articles 4, 9, 10A and 175 of the Constitution.
He also asked the court to declare that the trials for the offences allegedly committed during the May 9 incidents and FIRs registered as ultra vires of the Constitution and of no legal effect.
READ MORE: PTI’s Hassaan Niazi handed over to military for trial, LHC told
He further urged to declare Sections 2(1(d)ii) and 59(4) of the Army Act, 1952 are ultra vires the Constitution and void, or in the alternative the law cannot be invoked for the offences allegedly committed during May 9 incidents.
He requested the court to declare that Section 94 of the Army Act, and the 1970 Rules are inherently discriminatory, in direct violation of Articles 25 and 175 of the Constitution therefore ultra vires of the Constitution
He also requested to declare that the Commanding Officer’s letter regarding the handing over of the custody of Hassan Niazi in violation of his fundamental rights and provisions of the constitution.
The petitioner further prayed the court to hold that Pakistan Army (Amendment) Act 2023 and the Official Secrets (Amendment) Act 2023 are ultra vires the Constitution, having been promulgated without fulfilling the formalities of Article 75 of the Constitution.
He also asked the court to hold that the concept of ‘deemed’ assent as used in the promulgation of the Army Act 2023 and Official Secrets Act 2023 is alien to the constitution and contrary to the legislative and constitutional scheme.
The petition asserted that Article 10-A guarantees the right to a fair trial and fulfils legal requirements and hence should be upheld.
