SC approached against trial of Hassan Niazi by military courts

ISLAMABAD  -  Hafeezullah Niazi on Monday approached the Supreme Court of Paki­stan against the custody of his son Hassan Khan Niazi to the army au­thorities and trial by the military courts. 

In this regard, jour­nalist Hafeezullah Niazi filed a petition under Ar­ticle 184(3) of the Con­stitution challenging the decision taken in Corps Commanders’ Meeting, which was affirmed by the federal government for the trial of persons, allegedly involved in May 9 incidents, by the military courts. 

The petitioner’s son was arrested from Ab­bottabad on August 13, after that he was taken to an undisclosed location and his whereabouts were not disclosed. He had filed a writ of habe­as corpus before the La­hore High Court for the production of son. The police officials instead of produced Hassan before the LHC handed over his custody to military au­thorities. 

He asked the court to issue a writ in nature of habeas corpus for the release of all persons handed over to or picked up by military authori­ties for trial before the military court for the of­fences allegedly com­mitted during May 9 in­cidents, and return the custody of all such per­sons to the civilian insti­tutions. 

He prayed the court to declare the trial of his son Barrister Hassan Khan Niazi and other ci­vilians before military courts under the Army Act, 1952 violative 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 in lieu of them are ultra vires of the Constitution, void ab initio and of no legal effect. 

He further prayed 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 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 and to declare that the Commanding Officer’s Letter dated 17-08-2023 as unconstitu­tional, illegal and unlaw­ful vis-à-vis the handing over of the custody of the 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 set out therein. 

The petition asserted that Article 10-A guaran­tees the right to fair trial and fulfils legal require­ments, and hence should be upheld.

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