Constitutional court bars Peshawar High Court from hearing MPO arrest cases
The Federal Constitutional Court has stopped the Peshawar High Court from hearing cases on arrests under the MPO. It issued notices to the parties and adjourned the hearing sine die.
- The Federal Constitutional Court barred the Peshawar High Court from hearing MPO arrest cases.
- Notices are being issued to the parties, said Chief Justice Amin ud Din Khan.
- The court also suspended challenged orders of various Peshawar High Court benches.
The Federal Constitutional Court (FCC) has stopped the Peshawar High Court (PHC) from hearing cases related to arrests made under the 3 MPO. Express News reported that the bar applies until further orders, while 24 News said the court acted on Thursday.
A two-member bench headed by Chief Justice Amin ud Din Khan heard the matter. The Khyber Pakhtunkhwa government had challenged several PHC orders before the constitutional court. Those orders had stopped arrests under the 3 MPO.
According to Daily Pakistan, the FCC also suspended the challenged orders of various PHC benches. Express News reported that the arrests of Sohail Afridi and others under the 3 MPO are pending in the Peshawar High Court, and that the FCC order also concerns arrest cases of other PTI leaders.
Chief Justice Amin ud Din Khan said notices were being issued to the parties in the matter. Other parties may file their own petitions after seeing the court order, according to the reports.
The Advocate General of Khyber Pakhtunkhwa argued that under Article 245 the High Court cannot interfere in areas where the army is conducting operations, and that it cannot use Article 199. Justice Aamir Farooq asked whether the High Court would not hear the many Article 199 cases that come before it every day.
Shah Faisal Ilyas, a former additional advocate general, appeared for the parties and objected to the order. He asked the court to hear them before issuing an interim order and said the provincial government's three objections could not be upheld. The chief justice told him to file his objections after reading the court's order.
The hearing was adjourned sine die, according to Daily Pakistan.
Background
khabr.pk reported on 4 November that the Federal Constitutional Court issued six principles on how criminal background is weighed in public recruitment, restoring a driver constable candidate who had been acquitted.
Why it matters for Pakistan
The case concerns preventive detention powers that affect citizens in Khyber Pakhtunkhwa. Arrests under the 3 MPO that were pending before the Peshawar High Court, including those of PTI leaders, are now covered by the order. The question of how far a High Court can hear such cases under Article 199 is before the constitutional court.
