ISLAMABAD – Federal Constitutional Court restricted Peshawar High Court from hearing petitions challenging arrests under controversial 3-MPO law, suspending its earlier orders in a significant interim victory for the Khyber Pakhtunkhwa government.
The ruling comes amid legal battle between Khyber Pakhtunkhwa government and the high court over the powers of authorities to detain individuals under the controversial public order law.
A two-member constitutional bench, headed by Chief Justice Aminuddin Khan, suspended the implementation of the PHC’s earlier orders that had restricted authorities from making arrests under the 3-MPO provision. The decision came during the hearing of an appeal filed by the KP government, which challenged the legality of the high court’s directives.
The constitutional court also issued notices to the relevant parties and adjourned proceedings indefinitely, leaving the next hearing date to be announced later.
The courtroom witnessed exchange over constitutional powers of high court as the Khyber Pakhtunkhwa advocate general questioned its authority to intervene in arrests carried out under the MPO law.
Representing the provincial government, the advocate general argued that the PHC had exceeded the jurisdiction available to it under Article 199 of the Constitution. However, Justice Aamer Farooq raised questions about the argument, pointing out that high courts regularly hear numerous petitions invoking Article 199.
He questioned whether the provincial government’s interpretation would also prevent the high court from taking up other cases filed under the same constitutional provision. The exchange highlighted the central legal dispute surrounding the scope of judicial intervention in preventive detention cases.
As the proceedings continued, advocate Shah Faisal Ilyas, representing one of the parties, urged the bench not to suspend the high court’s orders without first hearing his detailed submissions. He maintained that the KP government had raised three objections against the PHC’s ruling, none of which, in his assessment, could withstand legal scrutiny.
Despite the request, Chief Justice Aminuddin Khan indicated that the constitutional bench would proceed with issuing its interim decision. The chief justice directed the lawyer to examine the written order once issued and submit his legal arguments, objections and responses accordingly. He also made clear that other parties would have the opportunity to approach the court with their applications after reviewing the ruling.
The immediate consequence of the Federal Constitutional Court’s intervention is the suspension of the PHC’s earlier restrictions on arrests under Section 3 of the MPO Ordinance. The provision allows authorities to order preventive detention under specified legal conditions, making it a significant instrument for maintaining public order.
The latest judicial intervention does not amount to a final ruling on the legality of the disputed arrests or the constitutional questions raised by the parties. However, it temporarily changes the legal position established by the Peshawar High Court while the provincial government’s challenge remains pending.
With PHC’s previous directions suspended and further hearings postponed, the dispute over preventive detention powers and judicial oversight remains unresolved.
