The Peshawar High Court (PHC) has sought a response from the caretaker government of Khyber Pakhtunkhwa (K-P) over the arrests of Pakistan Tehreek-e-Insaf (PTI) workers under 3 MPO.
A two-member bench of the high court, comprising Justice Shakeel Ahmed and Justice Waqar Ahmed, disposed of more than two dozen petitions filed against the arrests of political workers and postponed the hearing of the matter till May 18.
K-P Advocate General Amir Javid objected to the admissibility of the writ petitions, saying that they could not be heard at the time because the provincial cabinet had imposed an emergency in the province. He contended that after the enactment of Article 245 of the Constitution of Pakistan, the court could not hear such writ petitions.
The petitioners contended that the provincial government had issued arrest warrants under 3 MPO against various workers of the former ruling party and there had been raids to nab them although they did not have anything to do with protests.
Their lawyer also argued that the persons identified by the police had already been arrested and now they were carrying out raids to arrest party leaders. The counsel added that 3 MPO are only relevant when there is solid evidence against them.
He requested the court to release those arrested in this regard and asked for the suspension of arrest warrants under 3 MPO.
The AG told the court that the warrants had been issued under 3 MPO. He added that at present, the fundamental rights were suspended in the province under Article 245 III, so the court could not hear these cases.
He further said that no retaliatory action was being taken against anyone and whatever action had indeed been taken was based on available evidence. He, therefore, asked for some time to submit response in this regard.
The court declared that orders should be given to those who had been kept devoid of them under the MPO.
It further declared that the decision on the admissibility of the cases would be made on May 18.
The court, therefore, adjourned the hearing of the case till May 18.
It is worth mentioning here that following the arrest of PTI Chairman Imran Khan, widespread protests erupted across Peshawar and other districts of the province on Tuesday.
A day later, the caretaker government approved the deployment of the army to control the unrest.
During the tense political climate, there were incidents of arson and rioting in the province, and government installations were torched.
Following this, the authorities nabbed hundreds of workers of the former ruling party and started registering cases against them.
Published in The Express Tribune, May 16th, 2023.
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