Maintenance of Public Order Ordinance 1960: LHC asks federal Law Ministry to review detention provisions
A full bench headed by Chief Justice Aalia Neelum heard the petitions of PTI former MPA Zainab Umair and others challenging detention orders of the party/workers.
Earlier, the petitioner's counsel argued that several provisions of the law were in conflict with the Constitution and that hundreds of people had been detained under its cover. He said the law had been misused politically and arbitrarily by the government.
He pointed out that before detaining a citizen, the government must satisfy itself with justifiable grounds. However, he alleged that dozens or even hundreds of people had been detained under a single order.
The chief justice remarked, 'The courts are awake, not asleep, that's why the system functions.'
The chief justice observed, 'Everyone wants peace but if peace is disturbed, who will be held responsible? What happens if a protest is not peaceful?'
The Chief Justice also remarked that laws are framed on the foundation of the Constitution.
The bench, while concluding the proceedings, decided to forward two of the petitions to the law ministry and disposed of two others as being withdrawn.
Last year, a report submitted by the Punjab chief secretary in the court revealed that the provincial government had delegated its powers under section 26 of the MPO Ordinance 1960 to the DCs to issue detention orders subject to reasonable restriction.
Copyright Business Recorder, 2025
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