DCs powers to issue detention orders Bench hearing challenge pleas dissolved after judge`s recusal
By Our Staff Reporter
2025-04-08
LAHORE: A Lahore High Court full bench hearing petitions challenging the deputy commissioners (DCs) powers to issue detention orders under section 3 of the Maintenance of Public Order Ordinance 1960 was dissolved on Monday after one of the judges recused himself from the proceedings.
The five-member full bench headed by Chief Justice Aalia Neelum was hearing the petitions when Justice Khalid Ishaq, a member ofthe bench,expressedhisinability to continue hearing the cases.
Following his recusal, the full bench was dissolved.
The dissolved bench also included Justice Muhammad IqbalChaudhry, Justice Farooq Haider and Justice Amjad Rafiq.
A former MPA, Zainab Umair, and others had filed the pleas, requesting the court to form a larger bench on their petitions.
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 Pakistan Tehreek-i-Insaf`s 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 secretaryin Junelast 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.