ISLAMABAD: The Islamabad High Court (IHC) on Wednesday stripped Islamabad’s district magistrate of his powers to detain suspects under the Maintenance of Public Order (MPO).

Justice Babar Sattar gave the ruling during a hearing of petitions filed by Pakistan Tehreek-i-Insaf (PTI) leaders Sheharyar Afridi and Shandana Gulzar, both of whom were detained under the MPO on the district magistrate’s orders. The orders were suspended by the IHC.

In response to the court’s query regarding the law that empowers detention of a suspect, the Attorney General for Pakistan produced a notification dating back to 1965.

Justice Sattar observed that the notification cannot justify the detention of citizens and decided to issue a notice to the Attorney General.

Justice Sattar not satisfied with DC’s explanation on legal cover for arrests

The court appointed advocates Salahuddin and Waqar Rana as amici curiae.

Justice Sattar asked Deputy Commissioner Irfan Nawaz Memon, who is the district magistrate of Islamabad as well, about the legal cover for the detention orders issued under the MPO.

Mr Memon replied that whenever a DC is appointed, the government issues a notification empowering the officer to exercise powers under the MPO to maintain law and order.

The court termed the response unsatisfactory and decided to hear the attorney general’s stance.

Meanwhile, IHC Chief Justice Aamer Farooq adjourned hearing on a petition seeking protective bail for Sheharyar Afridi over a case registered in Bahawalpur.

Sheharyar Afridi did not appear before the court.

His counsel Sher Afzal Khan Marwat told the court that Mr Afridi was unable to attend the proceedings because he was unwell. Justice Farooq then adjourned the hearing to Sept 12.

Published in Dawn, September 7th, 2023