FCC restrains Peshawar High Court from hearing 3-MPO arrest cases

ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday restrained the Peshawar High Court (PHC) from hearing cases concerning arrests under the Maintenance of Public Order (3-MPO), as it took up the Khyber Pakhtunkhwa government’s challenge to several high court orders.

A two-member bench, headed by Chief Justice Aminuddin Khan and comprising Justice Amir Farooq, heard the provincial government’s petitions challenging various PHC orders that had restrained authorities from making arrests under 3-MPO.

During the hearing, the Khyber Pakhtunkhwa advocate general argued that the high court could not intervene in areas where the Pakistan Army was conducting operations under Article 245 of the Constitution, which provides for the deployment of armed forces in aid of civil power.

He also questioned the high court’s jurisdiction under Article 199 of the Constitution in such matters.

Responding to the argument, Justice Amir Farooq questioned whether the high court would stop hearing cases altogether if it could not exercise its jurisdiction under Article 199.

“Several cases under Article 199 come before the high court every day,” Justice Amir Farooq observed, asking whether the court would no longer hear matters brought before it on a daily basis.

Army deployment under Article 245

On October 11, the federal government formally authorised the deployment of Pakistan Army troops and resources in Khyber Pakhtunkhwa to assist the civil administration in maintaining law and order and protecting citizens and government installations.

According to a deployment order issued by the Ministry of Interior and Narcotics Control, the authorisation was granted under Article 245 for the duration of the emergency proclaimed by the federal government in the province on October 11, 2026, under Articles 232 and 234 of the Constitution.

The order states that the deployment aims to protect the lives and property of citizens and safeguard government installations amid the prevailing law and order situation.

Under the arrangement, the army will assist the civil administration in maintaining peace and ensuring public safety across the province.

Lawyers raise objections

During the proceedings, Advocate Shah Faisal Ilyas, appearing for one of the parties, objected to the court’s order and requested that the parties be heard before any restraining order was issued.

He argued that the provincial government’s three objections could not be sustained.

Responding to the objection, Chief Justice Aminuddin Khan told the lawyer to read the court’s order and submit his objections accordingly.

“We are issuing notices to the parties in this matter,” the chief justice said.

He added that other parties could also file their applications after examining the court’s order.