LAHORE: The Lahore High Court has directed a lawyer of the Punjab caretaker government to seek instructions from the authorities concerned regarding the possibility of a meeting between Barrister Hassaan Khan Niazi, the nephew of PTI Chairman Imran Khan, and his father in the army’s custody.

During the Sept 28 hearing of a petition by Hafeezullah Khan Niazi, the father of the lawyer, Additional Advocate General (AAG) Ghulam Sarwar Nahang had told the court that he could not establish contact with the concerned and sought more time to obtain instructions as to a request of the petitioner to allow a meeting with his detained son.

Barrister Niazi had been handed over to the military for trial over his alleged involvement in the attack on the corps commander’s house on May 9.

The army had requested the police to hand over the lawyer’s custody, who was declared a proclaimed offender, under Section 549(3) of CrPC.

A government`s report previously filed before the court 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. And these offences are bound to be tried by the court martial.

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

A written order of the last week’s hearing issued by Justice Sultan Tanvir Ahmad said, “The law officers are directed to ensure establishing contact with the concerned within a fortnight.”

The judge would resume the hearing on Oct 17.

A counsel for the petitioner had submitted that 45 days passed to the arrest of the lawyer and since then the petitioner was unaware of the whereabouts of his son. He contended that a report filed by the police did not even mention the date of the arrest.

He said a petition had also been filed before the Supreme Court, which was not yet listed. He said the petitioner would be satisfied if allowed to meet his detained son.

The counsel argued that the Pakistan Army Act 1952 as well as its rules allow an accused person being tried under a court-martial right of communication with witnesses or any friend or defending officer.

Last month, the government’s lawyer told the court that visiting a suspect in the military`s custody was not allowed under any law.

Published in Dawn, October 4th, 2023