FCC bars PHC from hearing MPO arrest petitions

The Federal Constitutional Court on Thursday barred the Peshawar High Court (PHC) from hearing petitions challenging arrests made under Section 3 of the Maintenance of Public Order (3-MPO) Ordinance, suspending the implementation of the high court’s earlier orders in the matter.

A two-member bench, headed by Chief Justice Aminuddin Khan, issued the stay order while hearing an appeal filed by the Khyber Pakhtunkhwa government against the PHC’s directives restricting authorities from arresting citizens under the 3-MPO.

The constitutional court also issued notices to all relevant parties and adjourned further proceedings for an indefinite period.

The date for the next hearing will be announced later.

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 Aamer Farooq questioned the argument, observing that several cases were brought before the high court every day under Article 199 and asking whether it would also be barred from hearing those matters.

Lawyer Shah Faisal Ilyas, representing one of the 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.

Chief Justice Aminuddin Khan said the court was issuing its order and directed the counsel to examine the court’s written order and submit his legal objections and responses accordingly.

He added that other parties could also file their applications after reviewing the order.

Following the constitutional court’s decision, the Peshawar High Court’s directives restricting arrests under the 3-MPO have been suspended for the time being.