Civilian convicted of offence against state cannot claim fundamental rights, LHC told in Hassaan Niazi case

The Punjab government has informed the Lahore High Court that a civilian accused of committing an offence against the state and convicted cannot seek the protection of fundamental rights when challenging their transfer to the army and subsequent trial, as demonstrated in the Hassaan Niazi case. The report submitted by the provincial government cited a 2005 LHC judgment, stating that every citizen's primary duty is loyalty to the state.

The report argued that Niazi, a convicted prisoner, could not be released through a second round of litigation other than through appeal, as he was not in judicial custody or on remand, and was an absconder. The report also stated that no judicial order was required for his handover, as he was not under police custody. The Sarwar Road station house officer and commanding officer did not hand over Niazi's custody or receive a letter from the commanding officer, respectively.

The Supreme Court's May 7, 2025, ruling on intra-court appeals upheld military trials but did not grant the right to file constitutional petitions. The report argued that Niazi had already filed an appeal under Section 133-B of the Pakistan Army Act and misread the Supreme Court's short order, which applied only to certain petitions.

The report accused Niazi of concealing facts about his appeal, his father's earlier proceedings, and the anti-terrorism court's order, and suggested the petition was devoid of merit and not maintainable. Niazi was arrested in Khyber Pakhtunkhwa on August 16, 2023, and later sentenced to ten years in prison in December 2024.