Lahore: The Lahore High Court on Tuesday sought further legal arguments on the maintainability of a constitutional petition challenging the 30 day detention of Aleema Khan, sister of Pakistan Tehreek e Insaf (PTI) founder Imran Khan, and her driver under the Maintenance of Public Order (MPO) Ordinance.
Justice Abher Gul Khan presided over the hearing of the petition, which was filed by Aleema’s son, Shahraiz Khan. The petition challenges the detention orders issued by the Lahore Deputy Commissioner (DC) following a recommendation from the Capital City Police Officer (CCPO) alleging that the individuals pose a threat to public safety.
Appearing for the petitioner, Barrister Taimur Malik submitted that the case presented extraordinary circumstances. He argued that the District Intelligence Committee (DIC) meeting and the formal issuance of the detention notification occurred on the same day, strongly indicating that the arrests were executed prior to any legal authorisation being formalised by the executive.
The detention order relies on police reports citing multiple cases registered against Aleema Khan and her driver, specifically referencing their alleged involvement in the widespread protests and roadblocks of 9th May 2023. Authorities declared both individuals "potential dangers to public peace and tranquillity" ahead of planned political demonstrations.
When questioned by the bench on whether the petitioner had exhausted administrative remedies before approaching the high court, Barrister Malik maintained that procedural safeguards under Section 3 of the MPO Ordinance had been violated, noting that grounds for detention were not communicated within the statutory timeframe.
Justice Khan observed that the bench would thoroughly examine the procedural aspects of the case before reserving judgment on the petition’s maintainability. At the request of the petitioner’s counsel, the court adjourned the proceedings until 25 September for further arguments.
The legal battle unfolds amidst an intensified state crackdown on PTI leadership and activists ahead of the party’s announced countrywide protest and march to Islamabad on 27 September. Following Aleema Khan’s initial arrest, her two sisters, Dr Uzma Khan and Noreen Niazi, were similarly detained under the MPO Ordinance, with the current petition amended to challenge all three detention orders as unlawful and arbitrary.
