Imran's kin also challenges civilians' court martial

Hafeezullah Niazi contends that no parallel judicial system can be established under the Constitution.

ISLAMABAD:

Political analyst and PTI chief Imran Khan's brother-in-law, Hafeezullah Niazi, has also moved the apex court against the trial of May 9 rioters under the Pakistan Army Act, 1952, and the Official Secrets Act, 1923, contending that no parallel judicial system can be established under the Constitution.

A number of petitioners, including former premier Imran, senior politician Aitzaz Ahsan, and civil society members, have already challenged the civil and military leaders' decision to court-martial the alleged PTI supporters who vandalized and set fire to military properties in the wake of Imran's May 9 arrest.

A six-member larger bench of the Supreme Court is hearing these petitions.

In his petition, Niazi, whose son, Hassaan Khan Niazi, is also among the people who are currently in the military's custody for their court-martial, has cited Article 10-A, which guarantees the right to a fair trial.

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He has contended that the trial of civilians, including his son, in military courts under the Pakistan Army Act, 1952, is in violation of Articles 4, 9, 10, 10A, 14, 19A, 25, and 175 of the Constitution.

Niazi has argued that the trial of civilians in military courts is in violation of Pakistan's existing obligations under the International Covenant on Civil and Political Rights, 1966, as well as other treaties, declarations, and charters.

The political analyst has also raised concerns about the manner in which the outgoing parliament approved amendments to the army act and the official secrets act, urging the court to declare these amendment acts as ultra vires the Constitution.

He has also requested the court to issue a writ of prohibition against the constitution of military courts and referral of civilian cases for trial in the military court "at least for the offenses allegedly committed during the May 9 incidents."

Niazi has reproduced a letter from a commanding officer dated August 17 regarding his son's arrest.

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"The act of transferring him [Hassaan] to the military by the police should also be declared unconstitutional. "Any individuals involved in the events of May 9 should not have their trials in military courts. They should be transferred from military custody to police custody," he has stated.

On August 18, Hassaan was handed over to the military for trial. Imran's nephew was arrested from Abbottabad, where he was reportedly hiding at a friend's place. The K-P police had later handed him over to the Balochistan Police, who remanded him in the custody of the Punjab Police.

On May 9, Hassaan had allegedly led a gathering, the majority of whom were lawyers, from Lahore's GPO Chowk Mall Road to the Jinnah House—the residence of Lahore Corps Commander—which was later sacked and vandalized.