ISLAMABAD: The Federal Constitutional Court on Thursday stopped the Peshawar High Court from hearing cases challenging arrests under Section 3 of the Maintenance of Public Order Ordinance in Khyber Pakhtunkhwa.
A two-member bench headed by Chief Justice Aminuddin Khan suspended the challenged high court orders and issued notices to the parties while hearing the provincial government’s petitions.
The Khyber Pakhtunkhwa government had approached the Federal Constitutional Court (FCC) against orders through which different Peshawar High Court (PHC) benches restrained authorities from making arrests under the ordinance.
Earlier, the high court had also ordered the release of 28 Pakistan Tehreek-e-Insaf (PTI) workers who faced detention in various districts of the province.
During Thursday’s hearing, the provincial advocate general argued that the high court could not intervene in areas where the military was conducting operations under Article 245 of the Constitution.
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He maintained that the PHC could not exercise its Article 199 jurisdiction in those circumstances.
Justice Aamer Farooq questioned that position, observing that the high court receives numerous petitions under Article 199 every day. He asked whether the government’s argument meant the court should stop hearing those matters.
Former additional advocate general Shah Faisal Ilyas, appearing for the respondents, asked the bench to hear their arguments before granting interim relief. Ilyas disputed all three objections that the provincial government had raised.
“Read our order and then file your objections,” Chief Justice Khan told counsel. He indicated that other parties could also submit applications after examining the order.
The FCC adjourned further proceedings indefinitely without announcing the next hearing date.
