Federal Constitutional Court Bars Peshawar High Court From Hearing MPO Detention Cases

ISLAMABAD: The Federal Constitutional Court on Thursday barred the Peshawar High Court from hearing cases relating to arrests under Section 3 of the Maintenance of Public Order (MPO) Ordinance in Khyber Pakhtunkhwa until further orders.

A two-member bench headed by Chief Justice Amin-ud-Din Khan heard the petition filed by the provincial government. The court issued notices to the concerned parties and said other parties could file their own petitions after reviewing the court’s order.

According to Geo News, the High Court had earlier stopped arrests under the three-MPO and ordered the release of 28 PTI workers held in custody in various districts. According to the Express Tribune, the High Court had also sought replies from the governor and the speaker against the governor’s rule.

The provincial advocate general argued that where the army was acting under Article 245 of the Constitution, the High Court could not intervene and could not exercise its jurisdiction under Article 199.

Justice Aamer Farooq remarked that many petitions were filed daily before the High Court under Article 199, asking whether the High Court would not hear the cases that came before it every day.

According to the Express Tribune, former Additional Advocate General Shah Faisal Ilyas appeared for the respondents and demanded to be heard before any stay order was issued. The Chief Justice directed him to read the order and file his objections.

The provincial government, through the Chief Secretary, had filed petitions against High Court decisions that declared detentions under the three-MPO illegal and barred further arrests.