Justice Aminuddin directs counsel to review court’s order and submit his objections accordingly
The Federal Constitutional Court building. Photo: File
ISLAMABAD:
The Federal Constitutional Court (FCC) on Thursday barred the Peshawar High Court (PHC) from hearing cases concerning arrests under the Maintenance of Public Order (MPO) Ordinance until further orders.
A two-member bench headed by Chief Justice Aminuddin Khan heard a petition filed by the Khyber-Pakhtunkhwa (K-P) government challenging various orders issued by the PHC. During the hearing, Justice Aminuddin said the court was issuing notices to the parties concerned, saying that other parties could file their applications after reviewing the court’s order.
The case concerned arrests under Section 3 of the MPO Ordinance, including the matter involving Sohail Afridi, non-functional K-P chief minister, and others, which remained pending before the PHC. The provincial government approached the FCC challenging an interim PHC order restraining arrests under Section 3 of the MPO Ordinance.
During today’s proceedings, the K-P advocate general argued that the high court could not interfere in areas where the military was conducting operations under Article 245 of the Constitution. He maintained that the high court could not exercise its jurisdiction under Article 199 in such circumstances.
Responding to the argument, Justice Aamer Farooq observed that several petitions under Article 199 were filed before the high court every day. “Will the high court not hear cases that come before it on a daily basis?” Justice Aamer questioned.
Meanwhile, former additional advocate general Shah Faisal Ilyas appeared on behalf of the respondents and objected to the court’s order. “The court should hear us before issuing a stay order,” Ilyas argued.
He maintained that the provincial government’s three objections could not be sustained.
Justice Aminuddin directed the counsel to review the court’s order and submit his objections accordingly. “Read our order and then file your objections,” the chief justice remarked.
Read: K-P challenges PTI worker releases
On Sunday, The K-P government has challenged in the FCC the PHC’s decisions that set aside preventive detentions of Pakistan Tehreek-e-Insaf (PTI) leaders and workers under Section 3 of the MPO Ordinance and directed that they not be arrested.
The provincial government, acting through the chief secretary, has filed petitions against the PHC orders that declared the detentions under the MPO illegal and restrained authorities from making further arrests.
It has also decided to approach the FCC against the high court’s directions for the release of those already detained under the ordinance. A bench headed by Chief Justice Aminuddin Khan will hear the petitions.
PHC orders release of 23 more PTI workers
The high court has granted interim relief to 23 more PTI workers arrested under Section 3 of the MPO Ordinance, ordering their release on bail.
A bench comprising Justice Sahibzada Asadullah and Justice Inamullah heard writ petitions challenging the detention of 23 individuals, including Akbar Sher, Shehzad, Razaullah, Saqib, Ehsanullah and Momin Khan.
The petitioners were represented by lawyers Yasir Khattak and Azhar Rahim Khan, while K-P Advocate General Sanaullah and the relevant officials also appeared before the court.
According to the court order, the deputy commissioner of Mardan had been issued a notice at the previous hearing, directing him to explain the reasons and circumstances under which the petitioners were detained and sent to jail.
However, the concerned authorities have yet to submit their report despite the court’s directions.
The bench observed that, in the absence of the required report, it had no option but to examine the available record and provide relief to the petitioners. It noted that similar relief had previously been granted in cases involving comparable circumstances.
Consequently, the court ordered the release of each petitioner against two surety bonds worth Rs100,000.
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