ISLAMABAD: The Islamabad High Court (IHC) has revisited its single bench’s ruling last month and “temporarily” restored the Islamabad chief commissioner’s powers to order detention under Section 3 of the Maintenance of Public Order (3MPO).
A two-member bench comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri heard the appeal against the previous order, barring the federal capital’s executive from exercising 3MPO law.
The high court issued a notice to the parties on the appeal of the Islamabad Capital Territory’s (ICT) administrator and others against the decision.
The fresh order has temporarily restored the authority of the Islamabad chief commissioner to take action on their intra-court appeal for an injunction.
The bench, in its written order, stated: “The Chief Commissioner may continue to perform his functions pursuant to Presidential Order in question.”
Last month, Justice Babar Sattar’s single bench declared the issuance of detention orders under the 3MPO “null and void” pertaining to the case of arresting Pakistan Tehreek-e-Insaf (PTI) leaders Shehryar Afridi and Shandana Gulzar.
The chief commissioner and home secretary, after the decision, filed an intra-court appeal against the judgement, on which the court issued notices to the parties.
Justice Sattar’s court observed that Islamabad’s executive does not have the authority to issue detention orders under the 3MPO as the said powers should be vested only in the federal cabinet.
