Staff Reporter
ISLAMABAD: The Federal Constitutional Court (FCC) has restrained the Peshawar High Court (PHC) from hearing cases concerning arrests under Section 3 of the Maintenance of Public Order (MPO) Ordinance.
A two-member bench, headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq, issued the interim order while hearing a petition filed by the Khyber Pakhtunkhwa government against various orders of the Peshawar High Court.
During the proceedings, the advocate general of KP argued that Article 245 of the Constitution barred the high court from interfering in areas where the military was conducting operations. He also questioned the PHC’s jurisdiction under Article 199 in such matters.
Justice Aamer Farooq, however, questioned whether this interpretation would prevent the high court from hearing other petitions filed under Article 199.
Former Additional Advocate General Shah Faisal Ilyas, representing the opposing side, objected to the interim order, arguing that the court should have heard their position before issuing the restraining order.
Chief Justice Khan said the court was issuing notices to the parties and that other respondents could submit their applications and objections after examining the order.
The case mainly concerns the arrest of Chief Minister Sohail Afridi and others under Section 3 of the MPO. The Peshawar High Court had earlier issued interim orders restraining the provincial authorities from making arrests under the law.
The Khyber Pakhtunkhwa government subsequently challenged the high court’s orders before the Federal Constitutional Court.
The constitutional court’s latest order will remain in force until further directions in the matter.
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