- In a detailed order, court observes issuing arrest orders without sufficient evidence amounts to an abuse of power
- Declares Chief Commissioner’s 1992 notification, delegating powers to DC Islamabad as against law
ISLAMABAD: The Islamabad High Court (IHC) has declared the arrest of individuals based on suspicion of breach of peace as unconstitutional, ruling that issuing arrest orders without sufficient evidence amounts to an abuse of power.
A single-judge bench of Islamabad High Court, comprising Justice Babar Sattar issued the detailed verdict on petitions challenging the detention of several individuals, including PTI leader Shehryar Afridi, under Section 3 of the Maintenance of Public Order (MPO) law.
The bench dealt a blow to the controversial Maintenance of Public Order (MPO) law, by declaring it as illegal, mainly for its potential for abuse and political targeting.
In the 89-page order, issued a day after Justice Babar Sattar announced the verdict, states that the DC Islamabad’s authority to issue MPO orders exceeded legal boundaries and was against the law. The court ruled that the federal government, acting as both federal and provincial governments for Islamabad, has individual powers under the constitution. Arresting someone based solely on the suspicion of future threats to peace is deemed unconstitutional, it reads.
It is to be noted that five petitions against detention orders by the Deputy Commissioner were approved, while disposal one more petition is pending with the court. The court directed implementation of the verdict and sent a copy to the Secretary Cabinet Division.
Furthermore, the court declared the Chief Commissioner’s 1992 notification, assigning powers to DC Islamabad as against the law. It urged the federal government to formulate rules related to the use of provincial powers within three months. The judgment clarified that, for Islamabad, the federal government acts as the provincial government, not the Chief Commissioner.
The conflict between Article 3(2) of the MPO and Article 10(4) of the Constitution was highlighted, with the court stating that no person should be arrested merely based on the potential to commit an act. Concrete evidence is necessary for issuing detention orders. The judgment criticized the historical misuse of preventive detention laws for political purposes, especially before elections.
The court emphasized that detention under the MPO is illegal, as the law should come into play after an offense is committed. The federal government, not the Chief Commissioner, holds the authority to apply federal and provincial laws in Islamabad. The court referred to the Mustafa Impex judgment, stating that the approval of the cabinet is necessary for exercising special powers.
Details presented in the Islamabad High Court revealed that DC Islamabad Irfan Nawaz Memon issued 67 MPO orders from May to September 2023, primarily against PTI leadership or their members. The court noted allegations of political targeting by PTI leadership based on their affiliation. All challenged MPO orders were either annulled, withdrawn, or rendered ineffective.
The court condemned the District Magistrate for using authority with malice, stating that contempt of court proceedings against the Deputy Commissioner are pending. It emphasized the need for a fair trial and refrained from making further observations against the DC until the trial is completed.
