Zia imposed martial law and issued Order 1980, Commissioner Islamabad annulled all orders of provincial powers: Islamabad High Court

Section 2 and 3 of the MPO is a clear violation of Article 10 and 10 of the Constitution, the federal government should legislate in this regard within 3 months: Justice Babar Sattar. Photo file


The Islamabad High Court has quashed all presidential orders and notifications giving the Chief Commissioner the powers of the provincial government for Islamabad.


The Islamabad High Court issued an order on the petitions against the detention of Shehryar Afridi and Shandana Gulzar and others under the MPO and ordered the federal government to enact legislation for provincial powers within the limits of Islamabad within 3 months. That only the federal cabinet will be able to use the powers of the provincial government in Islamabad during the formation of the Rules of Business.


In the current 82-page ruling by Justice Babar Sattar, it has been stated that Section 2 and 3 of the MPO is a clear violation of Article 10 and 10 of the Constitution. It has individual powers with respect to provincial laws. For Islamabad, the federal government plays the role of both the federal and provincial governments. In Islamabad, under the law, any decision or authority can be exercised only with the cooperation of the federal cabinet.


The order states that all presidential orders and notifications giving the Chief Commissioner the powers of the provincial government for Islamabad are null and void. Presidential Order 18 of 1980 was issued by Zia-ul-Haq. He imposed martial law in violation of the constitution and seized the powers of the state.


The decision of the Islamabad High Court has said that the Commissioner of Islamabad issued dozens of orders against the PTI in May. Yes, Chief Commissioner Islamabad is not a provincial government of the federal capital, Chief Commissioner Islamabad is considered to be a grade 20 officer and a provincial government to the extent of Islamabad. This decision of the Islamabad High Court will be applicable in the future. It will also apply to past actions.


The judgment said that all the impugned detention orders are quashed on the ground of lack of jurisdiction. The Chief Commissioner's notification dated 10th May, 1992 regarding the delegation of powers of 3 MPOs to the District Magistrate was also quashed. Yes, the decision to accept or reject the request for detention order is based on the satisfaction of the provincial government. The authority to accept or reject a person's detention request cannot be transferred to any one person.


In the detailed judgment of the Islamabad High Court, it has been said that section 3, 2 of the MPOK mentions the arrest of any person on the basis of fear of causing harm to peace and order. It is unconstitutional to arrest a person on the mere suspicion that he will pose a threat to peace in the future. Issuing orders of arrest of a person in the presence of insufficient material falls under the category of abuse of power, 5 petitions against ongoing detention orders by the Deputy Commissioner are accepted while one petition is disposed of.