LAHORE: Barrister Hassaan Khan Niazi, the nephew of PTI chairman Imran Khan, has been handed over to the military for trial over his alleged involvement in the attack on the Lahore corps commander’s house on May 9.

The caretaker Punjab government informed the Lahore High Court on Friday that the army had requested the police to hand over Mr Niazi’s custody, who was declared a proclaimed offender, under Section 549(3) of CrPC.

The request was made by the commanding officer of Lahore to the Sarwar Road police.

An additional advocate general also submitted a report on behalf of the Lahore police chief in the LHC, which was hearing a habeas corpus petition filed by Hafeez­ul­lah Khan Niazi, the father of Mr Niazi. It said the absconding lawyer had been found involved in offences under the Official Secrets Act, 1923, read with sections 2(1)(d) and 59(4) of the Pakistan Army Act, 1952. These offences are bou­nd to be tried by the court-martial.

The report said Mr Niazi was from Khyber Pakhtunkhwa and his custody was delivered to military authorities on Aug 17.

Advocate Rafiqullah Niazi, the petitioner’s counsel, argued Mr Niazi has been unlawfully handed over to the military as he was supposed to be produced before the anti-terrorism court first.

Military authorities were required to seek custody from the civilian court, as it was done in the cases of other suspects allegedly involved in the May 9 cases, Advocate Rafiqullah argued.

The police were not the competent authority to directly hand over the custody of a civilian to the military authority. He further asked the court to allow a meeting of the petitioner with his son.

Justice Sultan Tanvir Ahmad asked the law officer how the petitioner could meet his son in military custody. The law officer sought time to apprise the court.

The judge adjourned the hearing and later heard both parties in the chamber.

The judge then reserved his verdict on the petitioner’s request to visit his son.

Earlier on May 25, an Anti-Terrorism Court (ATC) had handed over the custody of 16 other suspects, including a former PTI MPA, to the military for trial in two cases registered against the attack on the corps commander’s residence.

Guards found guilty of arson

Meanwhile, Lah­ore police on Friday told an ATC that 29 suspects, including the PTI chairman’s personal security guards, have been found guilty of burning police vehicles in the cantonment area during the May 9 protests.

The investigating officer of Sarwar Road police station said the suspects had not been produced in the court due to a law and order situation. He sought time to present them to seek their physical remand.

Judge Ejaz Ahmad Buttar allowed the request and directed the IO to produce the suspects on Saturday (today). Sarwar Road police had registered multiple cases against PTI leaders and workers on charges of allegedly attacking the corps commander’s house, torching police vehicles and vandalising public property during on May 9.

Published in Dawn, August 19th, 2023

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