Military court trial: LHC bench recuses itself from hearing Hassaan’s plea

Published
Picture shows exterior of Lahore High Court building. — AFP/File
Picture shows exterior of Lahore High Court building. — AFP/File

LAHORE: A Lahore High Court two-judge bench on Thursday recused itself from hearing an appeal of Barrister Hassaan Niazi, a nephew of the PTI founding chairman, Imran Khan, against his trial in a military court and requested the chief justice to fix it before the same bench previously seized with the matter.

The bench comprising Justice Farooq Haider and Justice Tariq Nadeem took up the appeal as Advocate Faisal Siddiqui and Assistant Advocate General Farrukh Khan appeared before it.

The bench noted that the appeal was previously heard by a two-judge bench headed by Justice Sultan Tanvir Ahmad.

Justice Haider stated that Justice Ahmad was available at the principal seat, therefore, the appeal should be heard by the same bench.

Justice Haider sent the appeal to the chief justice with a request to fix the same before the bench of Justice Ahmad or any other appropriate bench.

The appeal contended that following his arrest in the May 9 case, Mr Niazi was not produced before a civilian court, instead, Sarwar Road police handed gave him in the custody of military. It argued that this handover was unlawful and carried out without any judicial order.

Mr Niazi asked the court to declare null and void the commanding officer’s notification dated Aug 17, 2023, authorising his custody by the military.

He also sought to set aside his transfer to military custody and all subsequent proceedings conducted by the military court.

The appeal further prayed for Mr Niazi’s release from jail or an order directing his production before an anti-terrorism court.

Mr Niazi was sentenced to ten years imprisonment in December 2023 in the Jinnah House attack case.

Verdict reserved: The Lahore High Court on Thursday reserved a verdict on a petition challenging the appointment of Immigration & Passports Director General Mustafa Jamal Qazi.

Justice Khalid Ishaq heard the final arguments of the federal government and the respondent’s lawyer before reserving the judgement.

Advocate Safdar Shaheen Pirzada argued on behalf of the respondent DG that the petitioner had not approached the court with clean hands and that he had no cause of action against the respondent DG.

The counsel argued that the respondent’s appointment on deputation had been made in accordance with law, asking the court to dismiss the petition.

A federal law officer also submitted a reply on behalf of the interior ministry, stating that the appointment was made in the light of the recent amendments to the Civil Servants Act.

He argued that under the amended law, the prime minister had the authority to appoint bureaucrats to such positions.

On the other hand, Advocate Asif Ali Khitchi, the petitioner in person, argued that the appointment had been made by the previous caretaker government on deputation in violation of merit and rules.

He requested the court to set aside the impugned appointment and extension in the functioning of Mr Qazi as DG.

Published in Dawn, November 7th, 2025

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