The Federal Constitutional Court (FCC) on Thursday restrained the Peshawar High Court (PHC) from hearing cases about arrests under Section 3 of the Maintenance of Public Order (MPO) in Khyber Pakhtunkhwa. The move came after the high court had barred authorities from making 3-MPO arrests and ordered the release of 28 Pakistan Tehreek-e-Insaf (PTI) workers held in various KP districts.
The provincial government then challenged several of those orders before the FCC. A two-member bench led by Chief Justice Aminuddin Khan heard the matter, and the government questioned the high court’s jurisdiction.
Provincial objections to the high court’s jurisdiction
The KP advocate general argued that the high court could not intervene in areas where the military was carrying out operations under Article 245 of the Constitution. He also maintained that the court could not use its Article 199 powers in such matters.
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Justice Aamer Farooq noted that the high court handled many Article 199 cases every day. “Would the high court not hear cases that come before it on a daily basis?” Justice Farooq asked.
Suspension of orders and indefinite adjournment
Shah Faisal Ilyas, a former additional advocate general, appeared for the parties. He asked the court to hear them before issuing any interim injunction and argued that the provincial government’s three objections could not be sustained.
Chief Justice Khan responded that the parties could lodge their objections after reviewing the court’s order. The FCC suspended the challenged orders issued by different PHC benches, saying notices were being sent to the parties. It then adjourned further proceedings indefinitely.
