In a recent development, the Lahore High Court (LHC) has issued directives to the authorities to produce Barrister Hassan Khan Niazi, nephew of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, before the court by August 18. The court is responding to a plea filed by Hafeezullah Khan Niazi, the father of the detainee, seeking his recovery and an inquiry into alleged illegal detention.
Justice Sultan Tanvir Ahmad presided over the hearing of the petition, wherein Hafeezullah Khan Niazi argued that the abduction and detention of his son are in violation of Section 61 of the Criminal Procedure Code (Cr.P.C). This section stipulates that an arrested individual should be presented before the relevant magistrate within 24 hours of arrest. In this case, Barrister Hassan Khan Niazi had not been produced before the appropriate court, which the petitioner claimed to be a blatant infringement of the detainee’s fundamental rights.
The petitioner further contended that no law, including the Constitution, permits the police to abduct and detain a citizen solely for the purpose of exerting pressure on another individual. He emphasized that every individual should be held accountable for their own alleged offenses, with no room for undue pressure tactics involving abduction.
The petition named the inspector general police (IGP) Punjab, capital city police officer (CCPO), station house officer (SHO) of Sarwar police station, and the state as respondents. Hafeezullah Khan Niazi urged the court to order the immediate release of Barrister Hassan Khan Niazi, declare his detention as illegal, and initiate an inquiry against the officials responsible for the alleged unlawful abduction and detention.
According to the petitioner’s account, on August 13, around 11:30 pm, Punjab police raided a residence in Abbottabad where Barrister Hassan Khan Niazi was residing. He was reportedly abducted without any clear reason, and subsequently taken to an undisclosed location. The police allegedly failed to provide a reason for the detention, as well as any search or arrest warrants. The petitioner alleged that Barrister Hassan Khan Niazi was being held under the custody of SHO Sarwar Road.
The petitioner also raised concerns about the respondents’ disregard for due process of law, a concept protected by Article 10-A of the Constitution. The petitioner argued that the right to a fair trial is a fundamental aspect of the rule of law, and its violation in this case is a matter of great concern.
The Lahore High Court’s decision to order the appearance of Barrister Hassan Khan Niazi and investigate the alleged illegal detention is expected to shed light on the circumstances surrounding this case and uphold the principles of justice and accountability.
