PESHAWAR: The Peshawar High Court on Tuesday set aside the order of the Peshawar district administration for the detention of several KP Paramedics Association leaders under the Maintenance of Public Order (MPO) Ordinance but asked the latter not to stop doctors and other employees of the public sector hospitals from performing their duties.

A bench consisting of Justice Qaiser Rasheed and Justice Mohammad Ghazanfar Khan directed the office-bearers of the association to submit Rs500,000 bonds to the court stating that while observing strike, they would neither lock any of the premises of the hospitals including operation theaters nor would they restrain staff members from doing duties.

It warned that if the office-bearers violated their commitment, strict action would be taken against them.

The bench issued the directives while disposing of two petitions. One petition was filed by president of Lady Reading Hospital Paramedics Association, Asif Khan, who was arrested on May 9 under section 3 of the MPO by the administration for a period of one month.

The other petition was filed by provincial president of Paramedics Association, Roidar Khan, and three other office-bearers who had yet to be arrested and had challenged the issuance of their detention orders by the administration under the MPO.

The bench observed that holding peaceful protest was right of every citizen but they could not be given the right to forcibly stop other people from performing their duties or locking government premises.

Advocate Shabir Hussain Gigyani appeared for the petitioners and contended that the impugned detention orders were issued without any genuine reason. He added that under the MPO the detention order of a person could be issued only if he was a threat to public peace and tranquility.

He said the petitioners had announced to observe strike on May 10 so as to force the government for the acceptance of their genuine demands.

The lawyer added that in a bid to end the strike, the administration had issued illegal detention orders of several employees under the MPO.

Shakil Ahmad, lawyer for the LRH, contended that these petitioners had announced observing strike in the hospitals and on they had been stopping staff members by force from performing their duties.

He pointed out that on May 10 the protesting office bearers had locked operation theatres at LRH which had affected operations of 71 patients.

The lawyer claimed that the cases were also registered against protesters.

Mr Gigyani contended that if FIRs were registered against protesters action should be taken against them under the law and not under the MPO.

The bench observed that the holding of peaceful protest in accordance with law was the right of the petitioners, but at the same time they could not be permitted to violate the law and create problems for patients.

It added that no law permitted petitioners to lock operation theatres.

Published in Dawn, May 24th, 2017