PESHAWAR: The Peshawar High Court on Thursday declared illegal the detention of 10 Pakistan Tehreek-i-Insaf activists in Shangla district under the Maintenance of Public Order Ordinance and ordered their release.

Hearing a petition against detainees, a bench consisting of Justice Syed Arshad Ali and Justice Fazal Subhan observed that there was no evidence on record to prove that the petitioners were acting in a manner prejudicial to public peace and tranquility, so they should be freed.

It, however, directed the petitioners to submit Rs200,000 personal bonds of good behaviour to the relevant deputy commissioner.

The court issued the order while accepting the petition filed by Yaseer Arafat and nine other PTI activists against the orders of the Shangla DC for their 30 days detention under Section 3 of the MPO Ordinance.

Declares their detention under MPO in Shangla illegal

Advocate Shah Faisal Uthmankhel appeared for the petitioners and contended that the Shangla DC had issued stereotyped orders for the detention of his clients without giving any “proper justification.”

He argued that a few days ago, the PTI members and other people staged street protests across the country, including Shangla district, against the desecration of the Holy Quran in Sweden as their religious sentiments as Muslims were hurt due to the Swedish incident.

The lawyer argued that the DC had overstepped his powers under the MPO while issuing detention orders for the petitioners and several other people.

When the bench asked an additional advocate general why the impugned orders were issued, he replied that the petitioners and others carried PTI flags and shouted slogans for party chairman and former prime minister Imran Khan.

He added that the activities of protesters might have created the law and order situation and breached public order and therefore, the police had requested the administration to issue orders for their detention.

The AAG said that an FIR was also registered by the police against protesters.

However, the bench observed that even the FIR clearly noted that the protest in question was peaceful.

RECORDS SOUGHT: The bench also sought records and reply from the deputy commissioner of Upper Dir district over a petition against the detention of former PTI MNA Sahibzada Sibghatullah under the MPO Ordinance.

Advocate Alam Khan Adenzai appeared for the petitioner and said that his client had been kept in the Swat Prison since Aug 6 when the DC issued orders for his detention.

He argued that the detention was illegal and against the several high court judgements.

While lawyers for the petitioner sought a short date, the bench fixed Aug 24 for next hearing.

Meanwhile, an anti-terrorism court here on Thursday granted bail to a former special assistant to the chief minister, Arif Yousaf, in a case about the May 9-10 violent protests.

He was taken into custody by the local police after a court rejected his pre-arrest bail petition here on Aug 15.

Ali Zaman, the lawyer for the petitioner, said that his client was arrested in connection with an FIR registered at the Khan Raziq Shaheed police station after riots.

He added that several other former lawmakers of the PTI were also named in that case.

The counsel argued that earlier, various PTI leaders were arrested over the case after being granted bail by the court.

He added that his client also deserved to be freed on bail as there was no evidence on record to connect him with any act of violence.

Published in Dawn, August 18th, 2023