IHC grants DC time to reply on PTI MNAs’ detention

ISLAMABAD  –  The Islamabad High Court (IHC) on Thursday granted the Deputy Commissioner Islamabad time until Monday to submit a reply in petitions challenging the detention of two Pakistan Tehreek-i-Insaf (PTI) MNAs under Section 3 of the Maintenance of Public Order (MPO) Ordinance.

A single-judge bench headed by Justice Khadim Hussain Somro heard petitions filed by PTI lawmakers Adil Bazai and Dawar Kundi.

The court directed that the matter be fixed before another available bench on Monday as Justice Somro said he would not be available that day.

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The petitions, filed through their counsel Babar Awan, challenge the detention orders issued under Section 3(1) of the MPO, under which the two lawmakers were detained for 15 days.

The petitioners have made the state through the Advocate General and the Deputy Commissioner Islamabad respondents. According to the petitions, the lawmakers were “forcibly and illegally abducted” from outside Parliament Lodges on September 21 and subsequently taken into detention. They alleged that the detention was unlawful, arbitrary and motivated by “mala fide intentions and ulterior motives”.

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The counsel contended that the petitioners had neither instigated the public nor participated in any unlawful activity, but had instead used social media to urge party workers to remain peaceful and avoid creating a public nuisance.

He further argued that the detention orders were issued in violation of due process and the Constitution and were intended to harass and pressurise the petitioners for political purposes.

The petitions maintained that the two lawmakers were neither involved in any unlawful assembly nor any other illegal activity and that the detention orders had been issued without lawful justification. The counsel contended that the impugned orders were therefore liable to be set aside.

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The petitioners further alleged that their detention was arbitrary and had adversely affected their reputation, dignity and physical well-being, in violation of Article 14 of the Constitution.

They also alleged that they were being treated inhumanely while in custody and kept in solitary confinement without adequate basic necessities, safety and healthcare.

“The life of the petitioner has been jeopardised and is in danger,” the petition stated.

The counsel argued that the detention also violated fundamental rights guaranteed under Articles 4, 9, 14 and 25 of the Constitution and was contrary to the principles of due process and the administration of justice.

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The petitioners asked the court to set aside the detention orders issued under the MPO and order their immediate production before the court.

They also sought directions to the respondents to ensure the safety and well-being of the petitioners and allow them to meet their lawyers and family members. The petitioners further requested that they be provided all facilities permissible under prison laws and rules.

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