• FCC seeks report on areas in KP where troops are no longer needed
• Over 60 appeals against PHC interim orders fixed before constitutional court
ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday restrained the Peshawar High Court (PHC) from hearing cases concerning the arrests of scores of PTI activists detained under Section 3 of the West Pakistan Maintenance of Public Order Ordinance (MPO), 1960, following the proclamation of a state of emergency and imposition of governor’s rule in Khyber Pakhtunkhwa.
“Since the armed forces have been called to act in aid of civil power in the entire province of Khyber Pakhtunkhwa pursuant to the Oct 11, 2026 order issued under Article 245 and Oct 12, 2026 office memorandum of the Ministry of Defence, the proceedings before the Peshawar High Court instituted under Article 199 on or after Oct 12, 2026 shall, in terms of clause (4) of Article 245, remain suspended,” ordered a two-judge FCC bench comprising Chief Justice Aminuddin Khan and Justice Aamer Farooq.
The bench took up a set of petitions moved in haste, challenging the PHC’s grant of interim bail to several PTI activists detained under Section 3 of the MPO. The high court had granted them bail against surety bonds of Rs100,000 each soon after the proclamation of the state of emergency in KP.
The PHC had issued the interim orders in the absence of any report from the provincial government explaining the reasons and circumstances that led to the detention of the PTI activists. The cases before the PHC are fixed for hearing on Nov 12.
The FCC also directed Advocate General KP Sanaullah Khan to submit a report to the apex court within seven days identifying areas in the province where the armed forces are no longer required to act in aid of civil power.
The FCC said it might consider modifying its present order under clause (4) of Article 245 after examining the report.
The court also issued notices to the respondents, observing that, since the matter involved important questions relating to the interpretation of the Constitution, notice should also be issued to the Attorney General for Pakistan under Order XXVIIA of the Code of Civil Procedure, 1908.
More than 60 appeals filed by the Additional Chief Secretary, Home and Tribal Affairs Department, Khyber Pakhtunkhwa, against various interim orders passed by the PHC have been fixed before the FCC. Through these orders, the high court had directed that the respondents (PTI activists) should not be arrested while their cases remained pending before it.
The matter concerning the arrest of non-functional Chief Minister Sohail Afridi under Section 3 of the MPO is also pending before the provincial high court.
During the hearing, Advocate General KP argued that the PHC had disregarded the express provisions of Article 245 by entertaining petitions after the deployment of troops under the constitutional provision on Oct 12.
He submitted that, under clause (3) of Article 245, the high court could not exercise jurisdiction under Article 199 in relation to any area where the armed forces were acting in aid of civil power.
The advocate general further argued that the PHC’s orders had rendered a valid piece of legislation, the MPO, redundant.
He said the ordinance essentially provided for preventive detention for the specific purpose of maintaining public order and tranquillity. He added that the high court had granted final relief at the interim stage, which was impermissible in any case.
In its detailed order issued later, the FCC observed that the arguments raised required serious consideration.
It noted that the PHC’s earlier judgement in the Aftab Alam case, on the basis of which the impugned orders had been passed, required careful examination to determine whether the high court’s interpretation of Article 245 of the Constitution was constitutionally sound.
For the purposes of the present petitions, the FCC also referred to clauses (3) and (4) of Article 245 of the Constitution.
Published in Dawn, November 6th, 2026
