LHC Hears Punjab Government’s Argument Against Hassaan Niazi’s Rights Claim

Hassaan Niazi case

LAHORE: The Punjab government informed the Lahore High Court (LHC) on Monday that civilians convicted of offenses against the state cannot invoke fundamental rights protections. This statement came during the hearing of a petition filed by Barrister Hassaan Khan Niazi, nephew of PTI founder Imran Khan, who is challenging his transfer to military custody and subsequent trial related to the May 9 riots.

In a detailed report submitted after nearly a year, the provincial government, represented by the home secretary and the inspector general of police, emphasized that loyalty to the state is a citizen’s primary duty. Citing a 2005 LHC judgment, the report classified Niazi as a convicted prisoner, arguing that his release through litigation, aside from an appeal, is not permissible.

The report further clarified that no judicial order was necessary for Niazi’s handover, as he was neither in judicial custody nor on remand. It also noted that he is considered an absconder, contrasting his situation with that of 16 co-accused individuals whose transfers were sought from an anti-terrorism court while they remained incarcerated.

As the case unfolds, it raises significant questions about the balance between state security and individual rights, particularly in politically charged environments. Observers are keenly watching for the court’s next steps, which could set important precedents regarding civil liberties in Pakistan.