PESHAWAR: The Peshawar High Court has declared as illegal and set aside detention orders of eight leaders of Pakistan Tehreek-i-Insaf, including two former lawmakers, by deputy commissioners of three districts under the Maintenance of Public Order Ordinance.

A bench consisting of Justice Naeem Anwar and Justice Shahid Khan accepted seven petitions challenging eight detention orders issued on different dates by the deputy commissioners of Swat, Bajaur and Dir lower districts for detaining the petitioners for a period of 30 days each.

The petitioners included ex-MNA Gul Zafar Khan, former provincial minister Amjid Ali, Swat city mayor Shahid Ali Khan, chairman of tehsil Barikot (Swat), Kashif Ali, ex-assistant advocate general Sohail Sultan and three other leaders Sultani Room, Farman Khan and Jehanzeb.

Court rules DCs exercised MPO Ordinance powers illegally

The petitioners had earlier been released on bail by the high court through interim orders on different dates.

The bench directed the petitioners that as a matter of caution, they should submit two surety bonds of Rs 100,000 each to the satisfaction of the concerned district and sessions judge along with an undertaking that they should not involve in any anti-state activities and would not act prejudicially to the public safety in any manner.

The bench observed that it was a floating fact on the surface of the record that sufficient material had neither been brought before the respective deputy commissioner against the petitioners nor case of each petitioner had been considered before issuance of the order under section 3 of the MPO Ordinance.

The bench observed that the impugned orders had been issued on different dates with almost similar contents.

“As stated earlier, in these cases, the authorities issuing orders under section 3-MPO, have not exercised its mandate in accordance with law. The orders have been issued in a mechanical manner without application of judicial and independent mind to case of each of the petitioners,” the bench ruled.

Furthermore, the bench added that the impugned orders were general in nature and cases of each petitioner had not been individually and specifically discussed nor specific reasons had been highlighted therein.

The court observed that liberty of the petitioners had been curtailed by issuing the orders under 3-MPO.

It further added that in such circumstances, issuance of the impugned orders under section 3 MPO Ordinance was found to have not been fulfilling the jurisdictional requirements for issuance of orders under the said law.

The bench ruled that it had found that the right of liberty of the petitioners had been abridged, which was guaranteed right under Article 9 of the Constitution, therefore, interference of this court was required in the matter for ensuring that such persons enjoy exercise of such fundamental rights.

The respective deputy commissioners had issued the impugned orders on allegations of the indulgence of the petitioners in unlawful activities for disturbing peace and tranquility.

Other allegations mentioned in the impugned orders were that they were promoting anti-state sentiments through mobilization of general public with hate speeches and anti-state slogans, thereby spoiling peaceful atmosphere of the area for creating law and order situation.

Advocates Mohammad Rahim Shah, Aurangzeb Khan, Mohammad Javaid, Abdul Hamid, Abdul Nasir, Mohammad Adil and Zakir Khan appeared for the petitioners.

They contended that in the wake of political chaos, the government was bent upon to arrest and victimize the petitioners by illegally invoking the MPO Ordinance.

They stated that no valid and specific grounds had been mentioned in the impugned detention orders and instead some stereotyped allegations were levelled.

It is pertinent to mention that after the May 9 and 10 protests against arrest of former Prime Minister Imran Khan, deputy commissioners across the province have issued hundreds of detention orders of PTI leaders and activists.

From time-to-time the PHC has been setting aside these orders and on May 31, 2023, a bench had accepted 240 petitions and declared as illegal detention orders issued by several of the deputy commissioners.

Published in Dawn, September 11th, 2023