- KP advocate general cites Article 245 restrictions.
- KP govt raises objections to high court’s jurisdiction.
- FCC chief justice says notices being issued to parties.
ISLAMABAD: 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 (MPO) in Khyber Pakhtunkhwa.
The high court had earlier issued orders restraining authorities from making arrests under 3-MPO. It had also ordered the release of 28 Pakistan Tehreek-e-Insaf (PTI) workers detained in various districts of KP.
The KP government later challenged several of the high court’s orders concerning arrests under the ordinance at the FCC.
A two-member bench headed by Chief Justice Aminuddin Khan heard the case, during which the provincial government raised objections to the high court’s jurisdiction.
KP 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 further maintained that the high court could not exercise its jurisdiction under Article 199 in such matters.
Justice Aamer Farooq observed that the high court received several cases under Article 199 on a daily basis.
“Would the high court not hear cases that come before it on a daily basis?” Justice Farooq asked.
During the hearing, former additional advocate general Shah Faisal Ilyas appeared on behalf of the parties and requested the court to hear the parties before issuing an interim injunction.
Ilyas also argued that the provincial government’s three objections could not be sustained.
Responding to the arguments, FCC Chief Justice Khan said that the parties could file their objections after examining the court’s order.
The FCC suspended the challenged orders passed by different benches of the PHC, saying notices were being issued to the parties in the matter.
After issuing the directives, the constitutional court adjourned further proceedings indefinitely.
