LAHORE: The Lahore High Court on Thursday dismissed a petition challenging the constitutional validity of sections 3 and 5 of the law governing preventive detention in Punjab.
Justice Abher Gul Khan, hearing the petition filed by PTI leaders Ejaz Shafi, Imtiaz Mahmood and others, pointed out that a high court larger bench had already decided a matter related to preventive detention.
She raised the question of whether the present petition should also be referred to a larger bench.
Advocate Azhar Siddique, the counsel for the petitioners, argued that the current petition had been filed by different individuals and it specifically challenged the constitutional validity of the impugned legal provisions.
He maintained that the constitutional questions raised in the petition required judicial consideration despite the earlier ruling.
The counsel also referred to a June 19, 2025, decision by a larger bench in a petition filed by Zainab Umair and others.
He said the larger bench had referred the matter to the law secretary for necessary legal action, but no effective progress had been made despite several communications sent to the relevant authorities. He urged the court to examine whether the earlier decision had been implemented, and what steps had been taken towards the required legal measures.
Assailing the Maintenance of Public Order (MPO) Ordinance provisions, Advocate Siddique said the administrative authority to restrict a citizen’s liberty could not be unlimited and must remain subject to the Constitution, fundamental rights and statutory safeguards.
A government law officer opposed further proceedings on the matter in view of the earlier judgment by the larger bench and also sought the imposition of heavy costs on the petitioners.
The petitioners’ counsel, however, opposed the request, maintaining that the present petition raised distinct constitutional questions, asking the court to seek a report from the government on the status of implementation of the previous judgment.
After hearing the arguments from both sides, Justice Khan dismissed the petition as not maintainable.
Published in Dawn, October 30th, 2026
