A two-member bench, headed by Chief Justice Aminuddin Khan, issued notices to the parties involved and adjourned further proceedings indefinitely.
The provincial government had approached the Federal Constitutional Court, challenging various orders passed by the Peshawar High Court that had halted arrests under Section 3 of the MPO.
During the hearing, the Khyber Pakhtunkhwa advocate general argued that Article 245 of the Constitution restricted the high court from intervening in areas where military operations were underway.
He further contended that the high court could not exercise its jurisdiction under Article 199 in such matters.
Justice Farooq questions govt argument
Justice Aamer Farooq questioned the scope of the argument, pointing out that numerous cases under Article 199 came before the high court every day.
“Numerous cases under Article 199 come before the high court on a daily basis. Is the court not to hear them?” he remarked.
His questions came as the bench considered the provincial government’s challenge to the Peshawar High Court’s intervention in matters involving 3-MPO arrests.
During the proceedings, lawyer Shah Faisal Ilyas appeared on behalf of one of the parties and objected to the issuance of a stay order without first hearing the affected side. He requested the court to hear his arguments before passing any such order.
Responding to the objection, Chief Justice Aminuddin Khan directed him to review the court’s order and then submit his objections.
The chief justice said notices were being issued to the parties involved and added that other affected parties could also examine the order and file their own petitions or applications.
Further hearing adjourned indefinitely
The Federal Constitutional Court suspended the Peshawar High Court’s orders concerning arrests under Section 3 of the MPO and restrained the High Court from hearing cases related to the matter.
The notices have been issued to the parties, while the proceedings have been adjourned for an indefinite period.
