A high-stakes legal battle over detentions in Khyber Pakhtunkhwa has reached the apex level as the judiciary navigates questions of provincial jurisdiction and state authority.
According to Geo News, the Federal Constitutional Court (FCC) on Thursday restrained the Peshawar High Court (PHC) from hearing cases concerning arrests under Section 3 of the Maintenance of Public Order (3-MPO) in Khyber Pakhtunkhwa. A two-member bench headed by Chief Justice Aminuddin Khan suspended several challenged orders passed by different benches of the high court and adjourned proceedings indefinitely, noting that notices are being issued to the parties.
Geo News reported that the KP government had challenged the high court's earlier orders, which had restrained authorities from making arrests under 3-MPO and ordered the release of 28 Pakistan Tehreek-e-Insaf (PTI) workers detained across various districts. During the hearing, the KP advocate general maintained that the high court could not exercise its jurisdiction under Article 199 or interfere in areas where the military was conducting operations under Article 245 of the Constitution. Justice Aamer Farooq questioned whether the high court would refrain from hearing cases that come before it daily, while former additional advocate general Shah Faisal Ilyas, appearing for the parties, argued that the provincial government's objections could not be sustained.
Background
According to Geo News, the legal dispute arose after the Peshawar High Court issued orders restraining authorities from making arrests under Section 3 of the Maintenance of Public Order and ordered the release of 28 detained PTI workers in KP. In response, the provincial government approached the Federal Constitutional Court, raising objections to the high court's jurisdiction in matters relating to areas where military operations are conducted under Article 245.
Why it matters
The proceedings highlight ongoing legal and constitutional questions regarding the limits of high court jurisdiction under Article 199 versus areas involving military operations under Article 245. For ordinary citizens and legal observers in Pakistan, the interim orders and the eventual ruling by the Federal Constitutional Court will clarify which judicial forums hold authority over detention and public order measures in the province.