Federal Constitutional Court bars Peshawar High Court from hearing 3-MPO arrest cases

Court restrains high court jurisdiction

A two-member bench headed by Chief Justice Aminuddin Khan issued the stay order during Thursday's hearing. The provincial government challenged earlier Peshawar High Court orders that had barred authorities from making arrests and ordered the release of detained workers. Counsel for the parties argued over whether the high court could exercise its powers under Article 199 of the Constitution in these specific matters.

Legal arguments on preventive detention

The Khyber Pakhtunkhwa advocate general maintained that the high court lacked jurisdiction where military operations were conducted under Article 245. Justice Aamer Farooq questioned this stance by asking if the high court would be barred from hearing daily cases brought before it. The FCC decided to issue notices to the parties and directed them to file pleas before the superior court.

Next hearing scheduled for later

The Peshawar High Court will resume hearing these cases on November 12 after the FCC intervention. More than sixty appeals challenging the interim orders granted by the high court are now fixed before the Federal Constitutional Court. The additional chief secretary of the KP Home and Tribal Affairs Department moved the pleas to the superior court.