PHC barred from hearing petitions against 3-MPO arrests

The Federal Constitutional Court (FCC) has restrained the Peshawar High Court (PHC) from hearing petitions challenging arrests under Section 3 of the Maintenance of Public Order (3-MPO) Ordinance, issuing a stay order on an appeal filed by the Khyber Pakhtunkhwa government, Aaj News reported.

A two-member bench headed by FCC Chief Justice Aminuddin Khan on Thursday heard the provincial government’s appeal against a PHC order that had barred the administration from arresting citizens under the 3-MPO.

Section 3 of the MPO is a legal provision that allows the authorities to arrest or detain a person as a preventive measure to maintain law and order or avert a potential threat to public peace. This means that the person does not necessarily have to be convicted of any offence for such preventive detention.

During the hearing, the Khyber Pakhtunkhwa advocate general argued that the high court could not exercise such powers under Article 199 of the Constitution.

Justice Aamir Farooq, a member of the bench, questioned the argument, asking whether the high court would also be barred from hearing the numerous cases brought before it daily under Article 199.

Shah Faisal Ilyas, counsel for the other parties, requested the court to hear his arguments in detail before issuing a stay order. He maintained that none of the three objections raised by the provincial government was legally sustainable.

FCC CJ Aminuddin directed the counsel to examine the detailed court order and submit their legal objections and responses. The bench said other parties could also file their applications after reviewing the order.

The FCC issued notices to all relevant parties and adjourned further proceedings indefinitely, with the next hearing date to be announced later.

Following the stay order, the PHC’s directions restricting arrests under the 3-MPO will remain suspended for the time being.