The Punjab government has told the Lahore High Court that civilians convicted of offenses against the state cannot claim constitutional protection of their fundamental rights.
The argument arose in the case of Hassaan Khan Niazi, nephew of former Prime Minister Imran Khan. A military court sentenced Niazi to ten years' imprisonment for his alleged involvement in the May 9, 2023, disturbances at Jinnah House, the residence of Lahore's Corps Commander.
Niazi challenged his transfer to military custody and subsequent court-martial. The government urged the High Court to dismiss his petition. It argued that Niazi owed his first duty of loyalty to the state and could not pursue a constitutional challenge after his conviction.
The Ministry of Defence separately argued that Pakistan's Constitution bars the High Court from reviewing proceedings involving persons subject to the Pakistan Army Act. It also maintained that Niazi must pursue his pending appeal through the military appellate system.
The government relied on a May 2025 Supreme Court decision that upheld military trials of civilians while retaining a statutory right of appeal. It contended that the decision did not authorize a separate constitutional challenge.
The case raises a fundamental question: Does conviction by a military court merely restrict a civilian's avenues of appeal, or does it extinguish constitutional protections against unlawful state action?
The Lahore High Court has yet to resolve that question.
