PTI moves SHC over alleged detention of workers under MPO-3

KARACHI: Pakistan Tehreek-e-Insaf on Monday petitioned the Sindh High Court against what it described as the detention of more than 180 party workers during police operations in Karachi and other areas of the province under the Maintenance of Public Order Ordinance.

A day earlier, the party had claimed that Sindh police conducted pre-dawn raids at the homes of its workers and leaders and took around 180 individuals into custody. The provincial authorities have rejected the claim of any such detentions.

The matter came up before a two member constitutional bench comprising Justice Muhammad Saleem Jessar and Justice Nisar Ahmed Bhanbhro. Advocate Ali Tahir represented the petitioners.

Justice Bhanbhro, however, withdrew from the proceedings.

In a short order, the bench directed the registrar’s office to schedule the case for Tuesday after the counsel pressed for urgent hearing. The case will now be placed before another two member bench.

The petition was filed by PTI Sindh General Secretary Mansoor Ali and Insaf Lawyers Forum President Faisal Mughal, who asked the court to set aside an MPO order dated February 1 and sought the immediate release of detained workers.

Fourteen officials were named as respondents in the petition, including the chief secretary, additional chief secretary, inspector general of police, additional IG Karachi, deputy IGs for Karachi East, West and South, and senior superintendents of police for East, West, South, Central, Malir, Korangi and Keamari.

The petitioners requested the court to declare the MPO directives unconstitutional, illegal, without lawful authority, void from the outset and of no legal effect.

They alleged that law enforcement personnel carried out numerous unlawful raids, entered private homes without warrants during late hours and took citizens into custody without due process.

The petition further claimed that doors were forced open, property was damaged and personal belongings were taken during what it described as 180 documented incidents.

It argued that the detention orders were issued without any disclosed or lawful decision, approval or satisfaction of the provincial cabinet, which it said violated Articles 4, 9, 10, 15, 16, 17, 19 and 25 of the Constitution.

The petitioners contended that the orders amounted to a mala fide, arbitrary and politically motivated use of authority intended to suppress political opposition rather than maintain public order.

They stated that PTI, as a registered political party, had the constitutional right to organise and engage in peaceful political activities including meetings, protests, strikes and expression.

The petition sought suspension and annulment of the MPO orders and asked the court to prevent authorities from taking any further action based on those directives.

It requested the immediate release of all individuals detained under the orders, provided they were not required in any other case, and asked that no further detentions be made on the same grounds.

The petitioners also asked the court to declare all actions taken under the orders illegal and violative of fundamental rights, alleging warrantless raids, harassment, intimidation and detention of minors, women and elderly persons.

They requested that the respondents be directed to produce the complete original record related to the issuance of the MPO orders, including summaries, intelligence inputs, approvals and decision making documents, as well as any cabinet consideration.

The petition further sought contempt proceedings against the additional chief secretary home, alleging repeated issuance of similar unlawful orders despite earlier court judgments in MPO matters.

It asked the court to ensure that no preventive detention order under the MPO in Sindh be issued without strict constitutional compliance, individualised satisfaction and demonstrable cabinet approval.

The petitioners urged the court to restrain the authorities from using MPO provisions as a substitute for ordinary criminal law or as a means of political suppression, and to declare that any alternative remedy under the ordinance does not limit the court’s constitutional jurisdiction in cases of unlawful detention.

They also requested any additional relief necessary to safeguard the rights of those affected, including protection from re arrest on similar grounds.

Separately, PTI Sindh President Haleem Adil Sheikh criticised the government, alleging that 180 party office bearers and workers were detained for one month under MPO-3 not for violence but for announcing a peaceful strike planned for February 8.

In a post on X, he claimed that while ministers publicly denied any arrests, detention orders were issued the same night and those detained were moved to jail.

On Sunday, the Sindh government rejected PTI’s claims as false. Senior Sindh Minister Sharjeel Memon said no mass arrests or MPO detentions had occurred.

He told Dawn that the PTI statement was based on incorrect information aimed at generating political hype ahead of the February 8 protest.

Memon said the provincial government had not issued any blanket detention orders against PTI workers and that law enforcement agencies were acting within the law.