Pakistan's constitutional court suspends high court orders in PTI workers' detention cases

The Federal Constitutional Court restrained the Peshawar High Court (PHC) from adjudicating petitions regarding the preventive detention of Pakistan Tehreek-e-Insaf (PTI) workers under the Maintenance of Public Order (MPO) Ordinance on Thursday, suspending earlier relief orders issued by various high court benches.

How did bench address jurisdictional clash between Article 245 and Article 199?

A two-member bench comprising Chief Justice Aminuddin Khan and Justice Aamer Farooq took up the matter after the Khyber Pakhtunkhwa government challenged several interim decisions rendered by PHC division benches.

The high court had previously barred law enforcement from executing preventive detentions and had annulled multiple custody orders issued under Section 3 of the MPO.

Appearing on behalf of the provincial administration, the Khyber Pakhtunkhwa Advocate General contended that the armed forces had been formally deployed in aid of civil power across the province under Article 245 of the Constitution.

The state counsel maintained that during an active Article 245 deployment, the judicial purview of high courts under Article 199 is constitutionally restricted regarding security actions and administrative detentions undertaken in designated operational zones.

During the arguments, Justice Farooq questioned the broader procedural implications of the provincial government's stance, asking whether high courts would be entirely precluded from entertaining the extensive volume of fundamental rights petitions and writ cases filed on a daily basis under Article 199.

What procedural objections were raised before proceedings were adjourned?

The bench formally suspended the challenged interim orders of the Peshawar High Court and issued notices to the respondents.

Representing the detained political workers, advocate Shah Faisal Ilyas raised strong objections to the ex parte issuance of the stay order, urging the court to hear the defense before curtailing the High Court's jurisdiction.

“Let us be heard before issuing a stay order,” Ilyas pleaded before the bench.

Chief Justice Aminuddin Khan observed that the bench was issuing formal notices to all respondents and directed the parties to examine the court's written injunctive order before submitting detailed counter-affidavits and formal legal objections. The Chief Justice added that affected parties could file separate applications once the full text of the interim order was reviewed.

The Federal Constitutional Court subsequently adjourned further hearings for an indefinite period.