A two-member bench of the Federal Constitutional Court (FCC), headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq, has restrained the Peshawar High Court (PHC) from hearing cases related to the preventive detention of Pakistan Tehreek-e-Insaf (PTI) workers.
The directive was issued while hearing a series of petitions challenging interim bail granted to detained PTI activists by the PHC against surety bonds of Rs100,000 each.
The high court had granted interim relief in the absence of reports from the provincial government explaining the reasons and circumstances behind the activists’ detention. It had also directed authorities not to arrest the detainees while their cases remained pending before the court.
The PHC is scheduled to hear the matter again on November 12.
More than 60 appeals challenging the high court’s interim orders have been filed before the FCC by the Additional Chief Secretary of the Khyber Pakhtunkhwa Home and Tribal Affairs Department.
During Thursday’s proceedings, the constitutional court directed the PHC not to proceed further with the cases. It also decided to issue notices to the relevant parties, allowing them to submit their responses and petitions before the superior court.
Khyber Pakhtunkhwa Advocate General Sanaullah Khan, representing the provincial government, argued that the PHC’s orders had been challenged under Article 245 of the Constitution, which deals with the deployment of armed forces in aid of civil authorities.
Referring to Clause 3 of Article 245, he maintained that a high court could not exercise its jurisdiction under Article 199 in areas where the armed forces were performing duties in aid of civil power.
The constitutional provision states that a high court cannot exercise jurisdiction under Article 199 in any area where the Pakistan Armed Forces are operating in aid of civil authorities.
When the advocate general presented this argument before the PHC, Justice Aamer Farooq questioned whether the interpretation meant that the high court should refrain from hearing all cases filed under Article 199, noting that numerous such petitions were routinely brought before it.
In response, the advocate general clarified that certain matters, including tenancy disputes, could still be heard after being referred to the appropriate competent forums.
Meanwhile, former Additional Advocate General Shah Faisal Ilyas, representing one of the parties, objected to the proceedings and requested the FCC to hear all parties before issuing any restraining order. He argued that the provincial government’s objections to the PHC’s decision were without legal basis.
Chief Justice Aminuddin Khan directed the counsel to submit formal objections after reviewing the court’s order and confirmed that notices would be issued to the respondents.
