Daily Times

Journalist Hafeezullah Niazi moved the Supreme Court on Monday to declare the trial of civilians in military courts unconstitutional as he fights the case for his son Hassaan Niazi, also nephew of former prime minister and chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan. Niazi, in his petition, argued that no parallel judicial system should be established under the Constitution. The petition asserted that Article 10-A guarantees the right to fair trial and fulfils legal requirements, and hence should be upheld.

The petitioner also moved the apex court for Sections 2(1)(d)(ii) and 59(4) of the Army Amendment Act (AAA) to be exempted for those involved in the events of May 9. He further requested the court to also declare Section 94 to be declared unconstitutional.

The opposed section states that any “competent Army Officer could investigate a case of any Army personnel, if he was implicated in a civil offence, provided such army officer made such demand from police authorities.”

Hafeezullah presented a letter from the commanding officer from August 17 regarding his son’s arrest and asked for it to be declared illegal as well. “The act of transferring him to military custody by the police should also be declared unconstitutional,” he argued. The petitioner also requested that the AAA 2023 and the Official Secrets Act, 2023 should be declared unconstitutional for not fulfilling constitutional requirements. “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 stated.