Detention orders under 3-MPO: LHC chief justice forms full bench to hear pleas against DCs’ powers
LAHORE: Lahore High Court Chief Justice Aalia Neelum has constituted a full bench to hear multiple petitions challenging the deputy commissioners (DCs) powers to issue detention orders under section 3 of the Maintenance of Public Order Ordinance 1960.
Chief Justice Neelum will head the five-member bench with Justice Chaudhry Muhammad Iqbal, Justice Farooq Haider, Justice Muhammad Amjad Rafiq and Justice Khalid Ishaq as its members.
A former MPA, Zainab Umair, and others had filed the pleas, requesting the court to form a larger bench on their petitions.
Allowing the request, the chief justice observed that interpreting various constitutional provisions requires a full bench hearing.
The advocate general of Punjab had also requested the formation of a full bench during the previous hearing.
The full bench will begin its hearings on April 7.
On Nov 1, 2024, a single bench had temporarily restrained the DCs in Punjab from issuing further detention orders under section 3 of the MPO.
The petitioners also challenged the detention orders of the PTI workers/leaders since the May 9 riots and the alleged abuse of powers by the DCs in the province.
They argued that the DCs at the behest of the provincial government misused their powers and issued detention orders for hundreds of political leaders/activists affiliated to PTI without any reason.
They questioned raids at the residences of the workers/leaders and ransacking of their properties, if the purpose of the orders was preventive detention.
The petitioners asked the court to declare section 3 of the Punjab MPO Ordinance 1960 ultra vires to the Constitution.
A report submitted by the Punjab chief secretary in June last revealed that 3,511 out of 4,770 miscreants detained under the MPO in the province since May 9 riots had been released.
The report said as many as 3,232 detention orders had been issued against 4,770 miscreants in the whole province.
However, it said, 3,511 detainees had been released following the withdrawal of their detention orders.
PTI plea: The Lahore High Court on Friday sustained an objection on a petition challenging the decision of the district government to deny permission for PTI’s rally at Minar-i-Pakistan.
Justice Farooq Haider heard the petition filed by PTI leader Akmal Khan Bari as an objection case following the registrar office’s objection on its maintainability.
After hearing the arguments, the judge upheld the office’s objection and directed the petitioner to remove the objection first.
In his petition, Akmal Khan challenged the district administration’s decision to deny PTI permission for the Minar-i-Pakistan rally. He stated that an application was submitted to the deputy commissioner for approval, but the request was rejected.
The petitioner said he and his party had fundamental rights of association, freedom of speech coupled with dignity and inviolable right to reach the people and hold peaceful gatherings.
He argued that denying permission violated a previous court order, and requested the court to take action against the respondent officials for failing to comply with judicial directives.
BAIL:An anti-terrorism court on Friday disposed of post-arrest bail petitions of PTI-Punjab President Dr Yasmin Rashid in three cases of May 9 riots, after her legal team requested to withdraw them.
The court, however, sought arguments on her fourth bail petition related to another case.
ATC Judge Manzer Ali Gill heard the bail petitions.
During the proceedings, the lawyers for the petitioner sought to withdraw the bail applications in three cases, including attacks on Askari Tower and Shadman police station.
The judge accepted the request and disposed of the three petitions accordingly.
However, the judge sought arguments on Dr Rashid’s bail plea in a case involving the burning of police vehicles near Jinnah House.
The hearing was adjourned for April 10.
Published in Dawn, March 29th, 2025