DCs barred from issuing 3-MPO detention orders
By Our Staff Reporter
2024-11-02
LAHORE: The Lahore High Court on Friday temporarily restrained the deputy commissioners (DCs) in Punjab from issuing further detention orders under section 3 of the Maintenance of Public Order Ordinance 1960.
Justice Muhammad Amjad Rafiq passed the order while hearingapetitionbyPTIleader Zainab Umair and others, challenging detention orders of the party workers/leaders since May 9 riots and the alleged abuse of powers by the DCs in the province.Advocate Azhar Siddique, the counsel for the petitioners, told the media outside the court that the judge also suspended the operation of the section 3 of the MPO, summoning a detailed report from the government by Dec 5.
In June, a report submitted by the Punjab chief secretary in the court had revealed that 3,511 out of 4,770`miscreants` detainedunder 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 persons in the whole province.
However, it said, 3,511 detainees had been released followingthe withdrawal of their detention orders.
The report further said that the provincial government had delegated its powers under section 26 of the MPO Ordinance 1960 to the DCs, through a notification in 2017, to issue detention orders subject to reasonable restriction.
Advocate Siddique argued that the government issued `wholesale` detention orders of the PTI leaders and workers under sections 3 and 16 of the MPO in the wake of May 9 episode.
He alleged that the DCs, at the behest of the provincial government, misused their powers andissued detention orders for hundreds of political leaders/activists affiliated to the petitioner`s party (PTI) without any reason.
The counsel questioned raids on the residences of the party workers/leaders and ransacking of their properties, if the purpose of the orders was preventive detention.
He pointed out that the Islamabad High Court had already declared the use of MPO unlawful in the capital territory limits.
He asked the court to declare section 3 of the Punjab MPO Ordinance 1960 ultra vires to the Constitution.