IHC restricts Chief Commissioner & DC powers, declares Three-MPOs inconsistent with Constitution

The court argued that the federal government has special powers to enforce federal and provincial laws in Islamabad.

In a significant decision, the Islamabad High Court, under the leadership of Justice Babar Sattar, has issued a ruling curbing the powers of the Chief Commissioner and Deputy Commissioner of Islamabad, declaring their Three-Month Preventive Detention Orders (MPOs) incompatible with the constitution.

The detailed 89-page judgment, issued in response to a petition against Shoaib Ahmed and Shandana Gulzar, the Deputy Commissioner and Chief Commissioner of Islamabad, respectively, includes a 10-point declaration and directions.

The ruling emphasized that the use of special powers requires cabinet approval, indicating that the Chief Commissioner’s MPO is in conflict with the Constitution, and the 1992 notification regarding provincial powers of the District Magistrate is also deemed unlawful.

The court argued that the federal government has special powers to enforce federal and provincial laws in Islamabad. It further stated that the federal government needs to form rules for the use of provincial powers within three months.

The judgment clarified that the federal government, not the Chief Commissioner, holds provincial powers in Islamabad. The court underscored that the application of judicial orders would extend to the past, present, and future decisions of the administration.

Additionally, the court declared the MPOs against Shandana Gulzar and Shoaib Ahmed null and void.

The judgment highlighted that when the 26 MPOs were given to District Magistrates, these powers were limited, and only the provincial government had the authority to make decisions about placing someone in protective custody. These powers could not be delegated to an individual.

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The ruling pointed out that Article 3(2) of the MPO is inconsistent with Article 10(4) of the Constitution. The arrest of an individual can only occur when there is concrete evidence that the person is committing or has committed an act, and the issuance of orders for someone’s custody requires solid evidence.

This judgment is anticipated to have significant implications for administrative powers and their application in Islamabad, setting a precedent for governance in the region.