Another challenge to Pakistan's misuse of military courts

A habeas corpus petition has been filed with the Supreme Court of Paklistan, charging that the use of military courts to try civilians is unconstitutional. Details of the petition are set forth in this account in The Nation. The petition was filed on behalf of detained barrister Hassan Khan Niazi by Mr. Niazi's father, a journalist. Excerpt:

He requested the court to declare that Section 94 of the Army Act, and the 1970 Rules are in­herently discriminatory, in direct violation of Ar­ticles 25 and 175 of the Constitution therefore ultra vires of the Con­stitution and to declare that the Commanding Officer’s Letter dated 17-08-2023 as unconstitu­tional, illegal and unlaw­ful vis-à-vis the handing over of the custody of the [said] Hassan Niazi in vio­lation of his fundamental rights, and provisions of the constitution. 

The petitioner fur­ther prayed the court to hold that Pakistan Army (Amendment) Act 2023 and the Official Secrets (Amendment) Act 2023 are ultra vires the Con­stitution, having been promulgated without fulfilling the formalities of Article 75 of the Con­stitution. He also asked the court to hold that the concept of ‘deemed’ as­sent as used in the prom­ulgation of the Army Act 2023 and Official Se­crets Act 2023 is alien to the constitution and contrary to the legisla­tive and constitutional scheme set out therein.