The Punjab government has told the Lahore High Court (LHC) that civilians convicted of offences against the state cannot claim constitutional protection of fundamental rights.
The controversial legal position emerged on Monday, November 2, 2026, during proceedings involving Barrister Hassaan Khan Niazi, nephew of former Prime Minister Imran Khan.
Niazi has challenged his transfer to military custody and subsequent trial over the May 9, 2023, violence.
Punjab Government Seeks Dismissal of Niazi’s Petition
In a report submitted through the provincial home secretary and police chief, authorities argued that loyalty to the state remains every citizen’s primary responsibility.
The government cited a 2005 Lahore High Court judgment to support its position.
Officials maintained that Niazi’s petition was legally inadmissible because he had already been convicted by a military court.
Why Is Hassaan Niazi’s Military Trial Being Challenged?
The report stated that Niazi was arrested in Khyber Pakhtunkhwa on August 16, 2023.
Military authorities requested his custody the following day over alleged offences involving the Official Secrets Act and Pakistan Army Act.
He subsequently received a ten-year prison sentence in December 2024.
Government Says Appeal Already Filed
Punjab authorities argued that Niazi had already challenged his conviction under Section 133-B of the Pakistan Army Act.
They maintained that pursuing the same legal question through separate forums was impermissible.
The report also referenced the Supreme Court’s May 7, 2025, ruling concerning military trials of civilians.
Officials requested dismissal of Niazi’s constitutional petition.
Importantly, the assertion about fundamental rights represents the Punjab government’s legal argument, not a new ruling by the Lahore High Court.
