Justice Aminuddin directs counsel to review court’s order and submit his objections accordingly
The Federal Constitutional Court building. Photo: File
ISLAMABAD:
The Federal Constitutional Court (FCC) on Thursday barred the Peshawar High Court (PHC) from hearing cases concerning arrests under the Maintenance of Public Order (MPO) Ordinance until further orders.
A two-member bench headed by Chief Justice Aminuddin Khan heard a petition filed by the Khyber-Pakhtunkhwa (K-P) government challenging various orders issued by the PHC. During the hearing, Justice Aminuddin said the court was issuing notices to the parties concerned, saying that other parties could file their applications after reviewing the court’s order.
The case concerned arrests under Section 3 of the MPO Ordinance, including the matter involving Sohail Afridi, non-functional K-P chief minister and others, which remained pending before the PHC. The provincial government approached the FCC challenging an interim PHC order restraining arrests under Section 3 of the MPO Ordinance.
During today’s proceedings, the K-P advocate general argued that the high court could not interfere in areas where the military was conducting operations under Article 245 of the Constitution. He maintained that the high court could not exercise its jurisdiction under Article 199 in such circumstances.
Responding to the argument, Justice Aamer Farooq observed that several petitions under Article 199 were filed before the high court every day. “Will the high court not hear cases that come before it on a daily basis?” Justice Aamer questioned.
Meanwhile, former additional advocate general Shah Faisal Ilyas appeared on behalf of the respondents and objected to the court’s order. “The court should hear us before issuing a stay order,” Ilyas argued.
He maintained that the provincial government’s three objections could not be sustained.
Justice Aminuddin directed the counsel to review the court’s order and submit his objections accordingly. “Read our order and then file your objections,” the chief justice remarked.
