IHC two-member bench temporarily restores 3MPO powers of federal capital’s executive
- IHC temporarily restores ICT executive’s powers to order detention.
- ICT chief commissioner filed appeal against IHC’s single bench order.
- Notice issued to parties on appeal against previous verdict on 3MPO.
ISLAMABAD: Revisiting the order issued by its single bench last month, the Islamabad High Court (IHC) has “temporarily” restored the chief commissioner Islamabad’s authority to direct detention under Section 3 of the Maintenance of Public Order (3MPO).
Issued by a two-member bench comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri on Thursday, the verdict came after the court suspended its single bench’s decision to stop Islamabad’s chief commissioner from exercising 3MPO law.
The high court issued a notice to the parties on the appeal of the Islamabad Capital Territory’s (ICT) administrator and others against the decision.
Following the decision, it has temporarily restored the authority of the federal capital’s executive to take action on their intra-court appeal for an injunction.
The bench, in its written order, stated: “The Chief Commissioner may continue to perform his functions pursuant to Presidential Order in question.”
Last month, Justice Babar Sattar’s single bench declared the issuance of detention orders under the 3MPO “null and void” pertaining to the case of arresting Pakistan Tehreek-e-Insaf (PTI) leaders Shehryar Afridi and Shandana Gulzar.
The chief commissioner and home secretary, after the decision, filed an intra-court appeal against the judgement, on which the court issued notices to the parties.
Justice Sattar’s court observed that Islamabad’s executive does not have the authority to issue detention orders under the 3MPO as the said powers should be vested only in the federal cabinet.