A two-member bench of the Lahore High Court on Thursday recused itself from hearing a petition challenging the military custody and court martial proceedings against Hassan Niazi, nephew of the Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.
The bench, headed by Justice Farooq Haider, sent the case file back to the Chief Justice of the Lahore High Court with a recommendation to fix the matter before another bench.
During the hearing, Niazi’s counsel, Advocate Faisal Chaudhry, argued that following his client’s arrest in connection with the May 9 incidents, he was never produced before a civilian court. Instead, he claimed, Sarwar Road Police Station illegally handed over Niazi’s custody to military authorities.
The petition further contended that the August 17, 2023, notification issued by the commanding officer, which placed Niazi in military custody, was unlawful and should be declared void.
The petitioner requested the court to declare all military custody and court martial proceedings null and void and to order Niazi’s release or his production before an anti-terrorism court.
The case will now be taken up once the Chief Justice assigns it to a new bench.