The Islamabad High Court (IHC) declared ‘illegal’ on Thursday the 1980 presidential order (PO) No. 18, ruling that the Islamabad deputy commissioner does not have the authority to issue detention orders under section 3 of the Maintenance of Public Order.
Under the PO, the chief commissioner of the federal capital was conferred with the powers of the provincial government.
Announcing the reserved verdict on the petitions of Pakistan Tehreek-e-Insaf (PTI) leaders Shandana Gulzar and Sharhyar Afridi, Justice Babar Sattar observed that only the federal cabinet should have the power to issue detention orders under the law.
Following the announcement of the IHC verdict, lawyer and PTI leader Babar Awan said that Justice Sattar observed that those who carried out the arrests under the law should be punished. Awan slammed the martial law era order, stating that the power conferred on the commissioner and deputy commissioner under the law was unlawful.
“The court has declared the 3MPO order illegal,” he said, adding that only the federal cabinet can pass orders in Islamabad.
The Islamabad High Court (IHC) declared ‘illegal’ on Thursday the 1980 presidential order (PO) No. 18, ruling that the Islamabad deputy commissioner does not have the authority to issue detention orders under section 3 of the Maintenance of Public Order.
Under the PO, the chief commissioner of the federal capital was conferred with the powers of the provincial government.
Announcing the reserved verdict on the petitions of Pakistan Tehreek-e-Insaf (PTI) leaders Shandana Gulzar and Sharhyar Afridi, Justice Babar Sattar observed that only the federal cabinet should have the power to issue detention orders under the law.
Following the announcement of the IHC verdict, lawyer and PTI leader Babar Awan said that Justice Sattar observed that those who carried out the arrests under the law should be punished. Awan slammed the martial law era order, stating that the power conferred on the commissioner and deputy commissioner under the law was unlawful.
“The court has declared the 3MPO order illegal,” he said, adding that only the federal cabinet can pass orders in Islamabad.
Published in the Express Tribune
Firm note:
Our Senior Associate, Barrister Usama Rauf, appeared for one of the petitioners and his assistance has been acknowledged positively by the Honourable Mr. Justice Babar Sattar in his judgment.