IHC restrains DC from issuing detention notices under MPO

ISLAMABAD: Islamabad High Court (IHC) has restrained the Deputy Commissioner from issuing detention orders under than Maintenance of Public Order (MPO) ordinance.

IHC Justice Babar Sattar heard applications filed against detention under MPO of Pakistan Tehreek-e-Insaf (PTI) leaders Shehryar Afridi and Shandana Gulzar. Deputy Commissioner Irfan Nawaz Memon appeared in court to represent the district magistrate.

The judge asked under what authority the Deputy Commissioner exercise the powers of MPO. He asked under which jurisdiction the District Magistrate is issuing MPO orders.

“You have submitted only 1960 ordinance notification? We will have to issue a notice to the Attorney General. How is the federal capital being run? It needs judicial assistance,” the judge said.

“Did you receive any notification?” the judge asked the officer. He replied that a notification is issued whenever the Deputy Commissioner is appointed.

“You have not yet said that if how a law from 1960 will be used in Islamabad?” the judge said. The court restrained the deputy commissioner from issuing any detention under the MPO.

On August 16, the IHC allowed PTI leaders Shehryar Afridi and Shandana Gulzar to go home as it heard their pleas against their prolonged detentions under the MPO. The two were held by the police in connection with the May 9 violence.

The court said it would indict city Deputy Commissioner (DC) Irfan Nawaz Memon and a senior superintendent of police (SSP) for contempt of court.

The court had issued show-cause notices to DC Memon, Inspector General Dr Akbar Nasir Khan, chief commissioner and other police officials for “criminal contempt of court for abuse of authority to obstruct dispensation of justice and cause diversion to the course of justice”.

IHC Justice Babar Sattar took up Afridi and Shandana’s pleas and sought responses from the various officials who were summoned as per the court order.

DC Memon appeared in the court to represent the district magistrate while IG Khan and the chief commissioner were also present. The PTI leaders were presented in the court as well along with their counsel Sher Afzal Marwat.

After hearing the responses of the DC and the SSP, Justice Sattar deemed them “unsatisfactory” and decided to indict both officials for contempt of court in the next hearing.

He also asked IG Islamabad to submit the names of the station house officer (SHO) and the district police officer (DPO) concerned with Afridi’s case, ordering show-cause notices to be issued to both police officials.

The court suspended the MPO orders issued against both PTI leader and ordered their release. The court barred them from going outside the capital or issuing any statements on mainstream and social media till the case was going on.

“If anything happens to any of them (Afridi or Gulzar), then the IG and the chief commissioner will be responsible for it,” Justice Sattar observed.

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