Controversial law: PPO challenged in Supreme Court
Petitioners say the ordinance would give LEAs open licence to arrest or kill.
Petitioners say the ordinance would give LEAs open licence to arrest or kill. PHOTO: FILE
ISLAMABAD:
The Protection of Pakistan (Amendment) Ordinance 2014 was challenged in Supreme Court on Monday.
Two lawyers of the apex court, Lt Col (retd) Inamul Rahiem and Tariq Asad filed a petition under Article 184 (3) of the Constitution against the new ordinance. The petitioners made the federation, through secretaries of law, justice and parliamentary affairs ministry, interior ministry and principal secretary of the President of Pakistan, as respondents in the case.
The petitioners have requested the court to declare ordinance ultra vires of the constitution because it does not give protection to the citizens of Pakistan, who are abducted by law enforcement agencies.
The petition contended that Section 3 of the ordinance was inconsistent with Article 9, 10 and 10-A of the Constitution.
“Clause (C) of sub-section (2) of Section 3 of the Ordinance is in contravention with inter alia Article 14 and 24 of the Constitution that any such officer may enter and search, without warrant any premises to make any arrest or to take possession of any property, firearm, weapon or article used, or likely to be used, in the commission of any scheduled offence,” it added.
They pleaded that it was entirely against the established legal norm as the said section meant that everyone was guilty unless proved by to be innocent.
The petitioners also stated that the country was being governed by the ‘rule of law’ derived from Article 4 of the Constitution and by exercising powers under this article, the superior courts had always protected the rights of citizens even during the suspension of fundamental rights under martial law. However, they stated that the impugned ordinance would give open licence to the law enforcement agencies to arrest and kill any citizen they like.
“No law including the Preventive Detention Laws, are above the Constitution of the Islamic Republic of Pakistan, 1973. But the impugned Ordinance gives ample powers to the law enforcement agencies to infringe the fundamental rights of the citizens and act in an unlawful manner,” the petition stated.
Published in The Express Tribune, January 28th, 2014.
The Protection of Pakistan (Amendment) Ordinance 2014 was challenged in Supreme Court on Monday.
Two lawyers of the apex court, Lt Col (retd) Inamul Rahiem and Tariq Asad filed a petition under Article 184 (3) of the Constitution against the new ordinance. The petitioners made the federation, through secretaries of law, justice and parliamentary affairs ministry, interior ministry and principal secretary of the President of Pakistan, as respondents in the case.
The petitioners have requested the court to declare ordinance ultra vires of the constitution because it does not give protection to the citizens of Pakistan, who are abducted by law enforcement agencies.
The petition contended that Section 3 of the ordinance was inconsistent with Article 9, 10 and 10-A of the Constitution.
“Clause (C) of sub-section (2) of Section 3 of the Ordinance is in contravention with inter alia Article 14 and 24 of the Constitution that any such officer may enter and search, without warrant any premises to make any arrest or to take possession of any property, firearm, weapon or article used, or likely to be used, in the commission of any scheduled offence,” it added.
They pleaded that it was entirely against the established legal norm as the said section meant that everyone was guilty unless proved by to be innocent.
The petitioners also stated that the country was being governed by the ‘rule of law’ derived from Article 4 of the Constitution and by exercising powers under this article, the superior courts had always protected the rights of citizens even during the suspension of fundamental rights under martial law. However, they stated that the impugned ordinance would give open licence to the law enforcement agencies to arrest and kill any citizen they like.
“No law including the Preventive Detention Laws, are above the Constitution of the Islamic Republic of Pakistan, 1973. But the impugned Ordinance gives ample powers to the law enforcement agencies to infringe the fundamental rights of the citizens and act in an unlawful manner,” the petition stated.
Published in The Express Tribune, January 28th, 2014.