PESHAWAR: The Peshawar High Court has again sought the response of the provincial government to a petition filed by former federal minister and PTI leader Murad Saeed’s father challenging his detention under the Maintenance of Public Order Ordinance.

A bench consisting of Justice Fazal Subhan and Justice Shahid Khan on Friday fixed Aug 15 for next hearing into the petition declaring that if the government’s response along with case records weren’t produced, it would decide the matter on its own.

Petitioner Mohammad Saeedullah was arrested on Aug 6 after Swat’s deputy commissioner had issued his detention order under section three of the MPO claiming that he had been acting in manner prejudicial to public safety and tranquility in the area.

The DC claimed that the petitioner had been “instigating general public for protests and created uncertainty in the area, which might create a law and order situation.” He ordered his detention for a period of 30 days.

Declares it’ll decide matter on its own if reply not filed

Mr Saeedullah was arrested a day after former prime minister and PTI chairman Imran Khan was convicted of corruption by an Islamabad court.

Advocate Alam Khan Adenzai appeared for the petitioner and contended that the DC had misused his authority under the MPO Ordinance.

He contended that the petitioner was an apolitical person and his detention order had been issued on political grounds as his son, Murad Saeed, was a PTI leader and remained a federal minister.

The lawyer said during the previous hearing, the court had sought response from the government and had also asked it to produce the record on the basis of which the impugned order was issued.

He argued that the government had been using delaying tactics to prolong the hearing.

The counsel requested the bench to order the release of the petitioner on bail until the final disposal of the petition.

He referred to different judgements of the high court in identical matters saying the court had already declared illegal the present practice of detaining leaders and activists of PTI by different deputy commissioners under the MPO Ordinance.

The bench observed that it would seek the reply of the government to the petition and hear the matter on Aug 15.

Also, the bench again asked the government to submit details of the cases and inquiries pending against former MNA and PTI leader Mujahid Ali Khan by Aug 15.

Advocate Shah Faisal Uthmankhel appeared for the petitioner and said that the government had been engaged in registering concocted cases against leaders of the PTI, including Mujahid Ali, and started several inquiries against them.

He said that the petitioner had remained an MNA and he wanted to approach the relevant courts provided he had been provided details of the cases and inquiries pending against him.

The lawyer said that the petitioner was a law abiding citizen.

He added that despite their requests the government had not been providing them details of the cases against him.

He pointed out that political victimisation of leaders of PTI had been going on across the country including this province.

The lawyer said that the court had earlier sought details from the government but so far the same had not been submitted.

Additional advocate general Danyal Asad Chamkani contended that comments on the petition were filed on behalf of the government a day ago but they’re not placed in the court’s file.

Published in Dawn, August 12th, 2023