PTI moves SHC against detention of party workers

Maintains detention orders under MPO cannot be issued without cabinet approval

KARACHI:

The Pakistan Tehreek-e-Insaf (PTI) has challenged the detention orders issued under Section 3 of the Maintenance of Public Order (MPO) Ordinance against its leaders and workers in Karachi before the Sindh High Court (SHC).

Insaf Lawyers Forum (ILF) Sindh President Advocate Faisal Mughal, General Secretary Barrister Ali Tahir and Advocate Shujaat Ali Khan have filed petitions challenging the arrests and detention of party leaders and workers.

Speaking to the media at the SHC, Barrister Ali Tahir said two orders issued by Sindh Additional Chief Secretary Iqbal Memon had been challenged. One order contained the names of 15 workers and the other 27, while the petitions collectively sought relief for 43 party workers.

He maintained that detention orders under the MPO could not be issued without the approval of the Sindh Cabinet, citing several SHC judgments on the matter. He said the court had reaffirmed this legal position in February as well. The lawyer argued that the statutory requirements for exercising powers under the MPO must be fulfilled and that detaining party workers merely on the basis of lists was unlawful.

Advocate Shujaat Ali Khan filed the constitutional petition, while Barrister Ali Tahir and ILF Sindh President Advocate Faisal Mughal are pursuing the matter before the court.

Barrister Ali Tahir expressed hope that the high court would review the detention orders and grant relief to the party workers. He alleged that the action had been taken primarily because of their affiliation with PTI, adding that no concrete evidence had been presented to establish their involvement in any criminal activity.

He said the notifications cited concerns over a possible deterioration in the law and order situation and referred to a request from the Sindh inspector general of police. However, he maintained that no substantial evidence had been brought to their attention to show that the detained workers were involved in arson, vandalism or violence. He added that the Constitution guaranteed citizens the right to peaceful protest and that all legal requirements must be met before anyone's liberty could be curtailed.

Barrister Ali Tahir argued that detention under the MPO should be ordered by the competent forum after examining the relevant material and completing the prescribed legal process, rather than being left to the discretion of an individual officer.