Islamabad: The Islamabad High Court (IHC) on Friday ruled that the Islamabad deputy commissioner does not have the authority to issue detention orders under section 3 of the Maintenance of Public Order (3-MPO).
Justice Babar Sattar of IHC pronounced the reserved judgement in the case of arrest of Pakistan Tehreek-e-Insaf leader Shehryar Afridi and Shandana Gulzar under 3-MPO. In his reserved verdict Justice Sattar said that Deputy Commissioner Islamabad does not have the power to issue 3-MPO, the power of 3-MPO should be vested only in the federal cabinet.
Court also declared the 1980 presidential order (PO) No. 18 under section 3 of the Maintenance of Public Order, as illegal.
It is important to mention that under the PO, the chief commissioner of the federal capital was conferred with the powers of the provincial government.
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.
