LAHORE: Legality of the recent detention of PTI founder Imran Khan’s sister, Aleema Khan, under the Maintenance of Public Order (MPO) Ordinance is in question before the Lahore High Court, where Justice Abher Gul Khan asked counsel to satisfy the court on the threshold maintainability issue prior to adjudicating the merits of the case.
Authorities on Sunday detained Aleema Khan after the office of Lahore’s deputy commissioner (DC) ordered her detention for 30 days. The DC’s order cited a letter by the Lahore capital city police officer, referring to police reports stating that Aleema and Ameer “are prejudicial to the public safety and maintenance of public order.”
According to the order, the reports also mentioned that the two had been involved in roadblocks and protests on May 9, 2023, when PTI supporters and workers took to the streets against Imran’s arrest. It said multiple cases had been registered against the two, declaring them “potential dangers to public peace and tranquillity.”
Justice Abher Gul Khan on Tuesday resumed hearing of Shahraiz Khan’s plea, son of the detainee, and inquired from the petitioner’s counsel whether he had exhausted the relevant forum before invoking jurisdiction of the LHC. Barrister Taimur Malik, counsel for the petitioner, submitted that the matter at hand was different from other cases, arguing that the detention proceedings appeared to have been initiated after Aleema Khan and her driver had already been taken into custody.
Barrister Malik further argued that the District Intelligence Committee (DIC) meeting and the issuance of the detention notification took place on the same day. “It appears that the arrest was made first and the DIC meeting was held afterwards,” the counsel alleged, contending that the detention notification was issued after the arrest had already taken place.
On this occasion, Justice Khan observed that the court would examine the issue of maintainability of the petition. The counsel sought time from the court for further arguments on the point of maintainability, following which the court adjourned the hearing till September 25 for further arguments in the matter. Dawn News reported that Aleema’s detention took place amid reports of a crackdown on the PTI ahead of its September 27 countrywide protest and march to Islamabad, which the party has called to demand Imran’s release from jail and mobilise people for the supremacy of the Constitution.
Following Aleema’s detention, her two sisters, Dr Uzma Khan and Noreen Niazi, were also detained under the MPO. Shahraiz Khan, Aleema’s son, filed a petition through Advocate Rana Mudassar Umar, challenging the detention orders issued by the Lahore DC against his mother and two aunts. The petitioner submitted that the DC unlawfully issued the detention orders and failed to follow the procedure prescribed under Section 3 of the MPO Ordinance.
It further submitted that the orders contain no specific allegations and demonstrate no application of mind. The petitioner also stated that ordinary criminal law and less restrictive measures were not considered, and contended that the grounds for detention were not communicated within the required period, alleging that the detention orders were issued after the arrests. The petitioner prayed the court to set aside the detention orders issued by the Lahore DC and declare them unlawful.
Later, Justice Abher Gul Khan adjourned hearing till September 25 as counsel seeks further time to argue maintainability of petition challenging detention under MPO Ordinance.
