The bench, headed by Justice Sultan Tanvir, returned the case file to Chief Justice Aalia Neelum for reconstitution.

At the outset of the hearing, Justice Tanvir noted that he had already heard the matter earlier as a single-bench judge.

He said the petition should be taken up by a bench in which he is not a member.

Assistant Advocate General Farrukh Khan supported the judge’s stance, saying the case ought to be heard by another bench.

Advocate Faisal Siddiqui and Barrister Khadija Siddiqui appeared on behalf of the petitioner.

They argued that Hassan Niazi was handed over to the military by the station house officer, while other accused were transferred under orders of the anti-terrorism court.

The petition states that Hassan Niazi has challenged the notification placing him in military custody as well as the court martial proceedings initiated against him.