Federal Constitutional Court bars Peshawar High Court from MPO arrest cases

The Federal Constitutional Court (FCC) has issued an interim order prohibiting the Peshawar High Court (PHC) from hearing cases related to arrests made under the Maintenance of Public Order (MPO) Ordinance in Khyber Pakhtunkhwa (KP) until further notice.

The decision follows a challenge by the KP provincial government against previous PHC orders that had granted interim relief to Pakistan Tehreek-e-Insaf (PTI) workers. The PHC had previously restrained authorities from making arrests under Section 3 of the MPO and ordered the release of certain detainees on bail.

A two-member bench led by Chief Justice Aminuddin Khan heard the matter. During the proceedings, the KP Advocate General argued that under Article 245 of the Constitution, the high court cannot interfere in areas where the military is conducting operations to assist civil administration. Justice Aamir Farooq questioned the implications of this ruling, noting that many petitions are filed under Article 199 daily and asking if the high court would be entirely prevented from hearing such cases.

Counsel for the respondents, Shah Faisal Ilyas, objected to the stay order, arguing that the court should have heard their position before issuing the restraint. The Chief Justice directed the counsel to review the written order and submit formal objections.