SC suspends PHC’s order, restores KP’s Ordinance for ‘Action in Aid of Civil Power’

• The CJP has ordered a larger bench to take up the matter.
• The ordinance authorized armed forces to detain anyone at anytime anywhere in KP without assigning any reason.

The Supreme Court (SC) has suspended the Peshawar High Court’s (PHC) order of holding Khyber Pakhtunkhwa ‘Action (in Aid of Civil Power) Ordinance 2019 as illegal.

A three-member SC bench, headed by Chief Justice of Pakistan (CJP) Asif Saeed Khosa, comprising Justice Qazi Muhammad Amin Ahmed and Justice Amin-ud-Din announced the verdict. The CJP said that the matter was of a great national importance.

Additional Advocate General KP Qasim Khan Wadood and KP Advocate General Shumail Butt presented their arguments before the court.

The bench also ordered constitution of a larger bench to take up the matter and issued notices to the respondents and other parties. The hearing has been postponed and will be held on November 15, local media reported.

The Action in (Aid of Civil Power Ordinance), 2019 was promulgated by the KP governor in August. The Ordinance authorized the armed forces to detain anyone at anytime anywhere in the province without assigning any reason and without producing the accused before a court of law.

On October 17, the PHC had suspended ordinance and declared it illegal. PHC Chief Justice Waqar Ahmad Seth and Justice Ms Musarat Hilali, ruled that the ordinance was not even available on the website nor made public. The KP’s inspector general (prison) was also directed to take control of all such jails so declared, within next three days.