Application of the law: Govt ordered to decide Afaq detention in 3 days
Afaq Ahmed’s brother Amjad Shafqat has challenged the detention under section 3 of the Maintenance of Public Order.
KARACHI:
A court has rejected the government’s request to throw out Afaq Ahmed’s challenge to his detention. Instead, it ordered the government to decide the issue in the next three working days.
The bench of the Sindh High Court was hearing an application filed by Afaq Ahmed’s brother Amjad Shafqat. They have challenged the notification detaining Afaq under section 3 of the Maintenance of Public Order (MPO).
Earlier on Sindh Advocate General Abdul Fatah Malik appeared in view of the importance of the matter. He argued that the request or application could not be taken to court and Shafqat should have filed a new petition.
The AG submitted a number of documents which served as the basis for the detention order passed on November 29 and said that according to the procedure, the petitioner had to approach the relevant authority before going to court.
The bench went over the documents and an application that Shafqat took to the Sindh AG and held that this application would be treated as “representation” under the MPO. The bench then ordered the Sindh government to decide it within three working days.
The bench also ordered that a copy of the order passed by the competent authority may also be passed on to the petitioner and be placed on the record for examination by the court in exercise of its power in judicial review. Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar then adjourned the hearing till December 16.
The detention order was passed on the grounds that the MQM-H men were colluding with a banned outfit which could lead to breakdown in law and order situation in Karachi.
Published in The Express Tribune, December 10th, 2011.
A court has rejected the government’s request to throw out Afaq Ahmed’s challenge to his detention. Instead, it ordered the government to decide the issue in the next three working days.
The bench of the Sindh High Court was hearing an application filed by Afaq Ahmed’s brother Amjad Shafqat. They have challenged the notification detaining Afaq under section 3 of the Maintenance of Public Order (MPO).
Earlier on Sindh Advocate General Abdul Fatah Malik appeared in view of the importance of the matter. He argued that the request or application could not be taken to court and Shafqat should have filed a new petition.
The AG submitted a number of documents which served as the basis for the detention order passed on November 29 and said that according to the procedure, the petitioner had to approach the relevant authority before going to court.
The bench went over the documents and an application that Shafqat took to the Sindh AG and held that this application would be treated as “representation” under the MPO. The bench then ordered the Sindh government to decide it within three working days.
The bench also ordered that a copy of the order passed by the competent authority may also be passed on to the petitioner and be placed on the record for examination by the court in exercise of its power in judicial review. Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar then adjourned the hearing till December 16.
The detention order was passed on the grounds that the MQM-H men were colluding with a banned outfit which could lead to breakdown in law and order situation in Karachi.
Published in The Express Tribune, December 10th, 2011.