FCC restricts Peshawar High Court from hearing 3-MPO arrest cases

ISLAMABAD (Dunya News) – The Federal Constitutional Court (FCC) has issued an interim order barring the Peshawar High Court (PHC) from hearing cases related to arrests under the Maintenance of Public Order (MPO) until further notice.

A two-member bench, headed by Chief Justice Aminuddin Khan, heard the case. The chief justice said notices were being issued to the parties concerned and that other affected parties could submit their applications after reviewing the court's order.

During the hearing, the Khyber Pakhtunkhwa Advocate General argued that under Article 245 of the Constitution, the high court could not interfere in areas where military operations were being conducted. He also questioned the high court's authority to exercise jurisdiction under Article 199 in such matters.

Justice Aamir Farooq observed that numerous cases under Article 199 were regularly brought before the high court and questioned whether it would be prevented from hearing such cases altogether.

Former Additional Advocate General Shah Faisal Ilyas appeared as counsel for one of the parties and objected to the interim order. He requested the court to hear their position before issuing a restraining order, arguing that the provincial government's three objections could not be sustained.

Chief Justice Aminuddin Khan advised the counsel to review the court's order and submit their objections accordingly.

The dispute concerns the arrests of Sohail Afridi and others under Section 3 of the MPO, which is currently pending before the Peshawar High Court.

The provincial government had challenged several PHC orders before the Federal Constitutional Court. Through its earlier orders, the high court had restrained authorities from making arrests under the MPO.

The KP government subsequently approached the Federal Constitutional Court against the high court's interim directions.