Constitutional Court MPO: Apex Bench Restrains Peshawar High Court Hearing MPO Detention Petitions
SLAMABAD — In a major legal development, the Federal Constitutional Court has barred the Peshawar High Court (PHC) from adjudicating cases related to detentions executed under the Maintenance of Public Order (3 MPO) ordinance.
A two-member constitutional bench, headed by Chief Justice Amin-ud-Din Khan, issued the restraining order while hearing a review petition filed by the Khyber Pakhtunkhwa provincial government against the High Court’s prior directive suspending 3 MPO arrests.
"Read our order and submit your objections accordingly. We are issuing notices to all respondents, who may file their replies after reviewing the court's written decision."
— Chief Justice Amin-ud-Din Khan, Federal Constitutional Court
Judicial Proceedings and Case Breakdown
During the hearing, counsel for the respondents, Shah Faisal, requested the apex court to hear their arguments prior to issuing any injunctive relief, contending that the provincial government’s objections were unsustainable.
Chief Justice Amin-ud-Din Khan directed the counsel to examine the written order before formal filing and issued official notices to all concerned parties to submit their responses.
Key Highlights of the Constitutional Court Ruling
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Restraint Order: The Peshawar High Court is explicitly restrained from entertaining new or pending petitions challenging 3 MPO detention orders.
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Suspension of Interim Orders: The Constitutional Court suspended all conflicting interim directives issued by various benches of the Peshawar High Court.
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Appellate Context: The Khyber Pakhtunkhwa government had formally petitioned the Federal Constitutional Court after the High Court placed a blanket prohibition on 3 MPO detentions across the province.
The ruling shifts the jurisdictional authority regarding preventive detention appeals under 3 MPO directly under the scrutiny of the Federal Constitutional Court.
