IHC rejects DC Islamabad's unconditional apology in 3-MPO case

DC Memon also barred from flying abroad; court to announce verdict next week

ISLAMABAD:

The Islamabad High Court (IHC) rejected Deputy Commissioner Irfan Nawaz Memon's unconditional apology and barred him from going abroad on Wednesday in the case against arresting PTI leader Shehryar Afridi under Section 3 of the Maintenance of Public Order (MPO).

The IHC's single-member bench headed by Justice Babar Sattar heard the case about the DC Islamabad and senior superintendent of police operations (SSP Operations) abusing their power and being in contempt of court while giving orders to arrest the PTI leader.

The Islamabad deputy commissioner's apology came in light of the official skipping the previous court hearing despite being summoned by the court. SSP (Operations) Malik Jameel Zafar also apologised to the IHC.

Justice Sattar censured the DC for issuing 69 detention orders under the MPO in the wake of May 9 riots, terming his actions as "very stupid". The judge observed that the senior bureaucrat "will face consequences".

DC Memon's counsel Raja Rizwan Abbasi argued that as per the district intelligence committee's reports, Afridi was planning protests while in jail. He said the MPO orders were issued based on those reports, which included observations from the representatives of the ISI, IB, MI, 111 Brigade, and police representatives.

Justice Sattar remarked that despite the judicial observation, more MPO orders were issued on the same source report. "But the detention orders under MPO stopped being issued when this court suspended the powers of these officials," the judge stated. He added that other court benches too declared nearly 40 MPO orders void.

Read IHC declares law giving detention powers to Islamabad DC illegal

The court ordered the DC to submit a reply to another show cause notice by February 26 (Monday) and announced to pass judgment on the case next week.

The IHC on Jan 26 temporarily restored the power of the federal capital’s DC to issue directives under Section 3 MPO.

The court also issued notices to the parties on the appeal of the chief commissioner and others against Justice Sattar’s decision.

Justice Sattar earlier declared the DC’s authority to issue MPO illegal. Following the verdict, the chief commissioner and the home secretary had filed an intra-court appeal against the decision.

The matter regarding the power to issue MPO reached the court after the multiple MPO-based detentions of several PTI leaders under the crackdown against the former ruling party.

The IHC on September 7 restrained the Islamabad DC from exercising section 3-MPO powers until further notice.

Justice Sattar ruled that the 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.