Humayun Khan
PESHAWAR: Peshawar High Court (PHC) has to decide maintainability of writ petitions filed against arrest of Pakistan Tehreek-e-Insaf (PTI) activists under Maintenance of Public Order (MPO) commonly known 3MPO on 18th May while directed provincial government to submit reply in this regard, on Monday.
PHC divisional bench comprising of Justice Shakeel Ahmad and Justice Waqar Ahmad observed the remarks during hearing of more than two dozen identical cases.
Advocate General Khyber Pakhtunkhwa Amir Javeed raised objections on maintainability of petitions while argued that the current didn’t maintainable at this stage because provincial cabinet has evoked of Article 245 Constitution of Pakistan in Khyber Pakhtunkhwa due to extraordinary law and orders situation which bars High Court from hearing such constitutional pleas.
The petitions stated that under 3MPO police is arresting and raiding PTI’s leadership residences after violent protests which has resulted in damages of public properties and national exchequer. Police has arrested activists who were identified for violence while now arresting PTI’s leaderships under 3MPO who have nothing to do with it, the counsel argued.
The counsel requested for release of inmate activists while demanded withdrawal of arrest’s warrant under 3MPO of PTI’s leadership. However, AG Khyber Pakhtunkhwa Amir Javeed argued that arrest’s warrants have been issued under 3MPO while added that High Court doesn’t such petitions because Article 245 has implemented in the province which has suspended fundamental rights.
AG added that orders regarding 3MPO should be provided whom its lacks while claimed that no political worker should be victimized and every action is taken as per law with evidence while requested to provide time for submission of reply. PHC has ordered to provide order under MPO who didn’t obtained it yet while declared that court shall decide maintainability of petitions on 18th May and adjourned further hearing.
Meanwhile, Naeem Ahmad Advocate challenged 3MPO and district government’s jurisdiction at PHC stating that it is against the constitution because Administration can detain any citizen without disclosing reason. One administrative officer exercise power of issuance of warrant, implementation of order, granting punishment and conducting trial while Supreme Court has separated judicial jurisdiction from administration in several judgements. Advocate Azeem Afridi will present petitioner before PHC while Chief Secretary and Secretary Law KP are made respondents in the writ petition.
