DC restrained from exercising MPO powers

IHC issues notice to attorney general for assistance in determining constitutionality, legality of law

ISLAMABAD:

The Islamabad High Court (IHC) has restrained the deputy commissioner of Islamabad from exercising Section 3 of Maintenance of Public Order (MPO) powers until further notice.

The ruling came during the hearing of a petition against the detention of PTI leaders Shehryar Afridi and Shandana Gulzar.

Justice Babar Sattar ruled that the Islamabad DC cannot use the powers of Section 3 of MPO until further notice and issued a notice to the attorney general for assistance in determining the constitutionality and legality of the ordinance.

Two judicial assistants, Advocate Salahuddin Ahmed and Advocate Waqar Rana, were also appointed to provide assistance on the matter.

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Last month, the IHC had allowed Shehryar Afridi and Shandana Gulzar to go home as it heard their pleas against their prolonged detentions under the MPO ordinance. The court had stated that it would hold city Deputy Commissioner Irfan Nawaz Memon and a senior superintendent of police in contempt of court.

The two PTI leaders had been arrested in relation to the May 9 violence.

During the hearing on Wednesday, the court questioned the jurisdiction under which the district magistrate was issuing orders under the MPO. It further pointed out that the attorney general for Pakistan should only present the 1965 notification on the matter.

Justice Sattar emphasised the need for assistance in understanding how the federal capital was being governed. He inquired whether the Islamabad DC had received any notifications, to which the DC replied that he had received a notification upon his appointment.

However, the court noted that the DC had still not explained how the 1960 law would be applied to Islamabad.

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Declaring that the state counsel's response was unsatisfactory, the court issued a notice to the attorney general and directed Advocate Salahuddin Ahmed and Advocate Waqar Rana to assist on the matter.

During the proceedings, Advocate Sher Afzal Marwat requested the court to order the return of Shandana Gulzar's mobile phones, which were confiscated during her detention under the MPO. However, the Senior Superintendent of Police (SSP) Operations claimed that the phones had already been returned.

The lawyer contended that Shandana Gulzar's phone was still missing. Subsequently, the court adjourned the hearing and ordered the SSP Operations to return Shandana Gulzar's mobile phone.