PPO challenged: DAG asked to submit reply after winter break

Petitioner says some clauses of the ordinance are against fundamental rights.

ISLAMABAD:

The Islamabad High Court (IHC) on Monday asked the deputy attorney general (DAG) to reply to a petition which challenges the newly-promulgated Pakistan Protection Ordinance (PPO) by terming some of its clauses against fundamental rights enshrined in the constitution.

IHC Chief Justice Justice Muhammad Anwar Khan Kasi, while entertaining the petition filed by former inspector general of police (IGP) Saleemullah Khan Advocate, directed DAG Sanaullah Zahid to submit a reply on January 6, 2014, after the court’s winter break.

Earlier on October 25, the court had issued notices to several respondents, but no reply was submitted by them. On Monday, DAG Zahid told the court that the reply could not be submitted as the government has recently appointed new attorney generals in the IHC, who were preoccupied with other cases.



The petitioner said section 3 (2) (a) of the ordinance was tantamount to giving a licence to kill any suspect to law enforcement agencies. He argued that under the section, an officer of the police, armed forces and civilian armed forces may open fire or order firing on any person or persons. “Similarly, section 5 (5) of the PPO authorises law enforcement agencies to pick up any person if they fail to prove their identity, and courts cannot question their detention,” he said.

According to the petitioner, high courts have the authority to quash FIRs against anyone under Section 561-A of the Criminal Procedural Code (CrPC), but through this ordinance, the power has been taken away from courts.

He maintained that the ordinance was open interference in the jurisdiction of high courts and it should be struck down in the interest of justice.

The petitioner also informed the court that district management group (DMG) officers of grade-18 and above would be appointed on judicial posts despite the presence of qualified judicial officers. “This is to allow the bureaucracy to involve itself in the affairs of the judiciary,” Khan said.

Published in The Express Tribune, December 3^rd, 2013.