Islamabad, November 5,2026: The Federal Constitutional Court (FCC) on Thursday restrained the Peshawar High Court (PHC) from hearing cases relating to arrests under Section 3 of the Maintenance of Public Order (MPO) Ordinance in Khyber Pakhtunkhwa
The development comes after the PHC had issued orders restraining authorities from making arrests under Section 3 of the MPO and directed the release of 28 Pakistan Tehreek-e-Insaf (PTI) workers detained in different districts of the province.
The KP government subsequently challenged several of the high court’s orders before the FCC.
A two-member FCC bench, headed by Chief Justice Aminuddin Khan, heard the case, during which the provincial government raised objections to the jurisdiction of the Peshawar High Court.
The KP advocate general argued that the high court could not interfere in matters involving military operations being conducted under Article 245 of the Constitution.
He further maintained that the PHC could not exercise its jurisdiction under Article 199 in such matters.
Justice Aamer Farooq observed that the high court received several petitions under Article 199 on a daily basis.
“Would the high court not hear cases that come before it on a daily basis?” Justice Farooq asked.
During the hearing, former additional advocate general Shah Faisal Ilyas appeared on behalf of the parties and requested the court to hear all sides before issuing an interim injunction.
Ilyas also argued that the three objections raised by the provincial government could not be sustained.
Responding to the arguments, Chief Justice Aminuddin Khan said the parties could submit their objections after examining the court’s order.
The FCC suspended the challenged orders passed by different benches of the Peshawar High Court and issued notices to the parties concerned.
After issuing the directives, the constitutional court adjourned further proceedings indefinitely.
