PHC Order Declaring KP Ordinance Illegal Suspended By SC
The Supreme Court has suspended the order of the Peshawar High Court whereby it had declared the Khyber Pakhtunkhwa ‘Action (in Aid of Civil Power) Ordinance’, 2019 as illegal and had notified that all internment centres be converted to sub-jails.
The decision was made by a three-member bench led by SC Chief Justice Asif Khosa. The chief justice also ordered the formation of a larger bench.
The federal government and the KP government had appealed through the KP governor against the decision of the PHC. Attorney General Anwar Mansoor and KP Advocate General Shumail Butt gave their respective arguments. While hearing the appeals, the court noted the great national importance of the matter.
The chief justice stated during the hearing that the court would ensure that the fundamental rights guaranteed in the constitution would be upheld.
Moreover, the court noted that the Peshawar High Court’s order would remain suspended till the final decision regarding the appeal was not announced.
The next hearing for the case would be presided over by a larger bench on November 15.
The ordinance in question was promulgated by the KP governor on August 5, which gave the armed forces the power to detain individuals without reason and for whatever time period they wished, without producing the individual before a court of law.
Earlier, a bench led by PHC Chief Justice Waqar Ahmad Seth had declared that the Action in Aid of Civil Power Ordinance was a violation of fundamental rights. Moreover, the court had asked the KP home secretary to notify all internment centres in the province as sub-jails within 24 hours.
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