LHC seeks arguments on maintainability of petition against Aleema Khan’s detention

LAHORE: The Lahore High Court on Tuesday sought arguments on the maintainability of a petition challenging the detention of PTI founder Imran Khan’s sister Aleema Khan and her driver under the Maintenance of Public Order (MPO) Ordinance. Aleema was detained by authorities on Sunday, after the office of Lahore’s deputy commissioner (DC) ordered her detention or arrest for 30 days. The DC’s order cited a letter by the Lahore capital city police officer. It said the letter referred to police reports that said 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 heard the petition filed by Shahraiz Khan, Aleema’s son, challenging the detention orders. During the hearing, the court asked the petitioner’s counsel whether he had first approached the relevant authority against the detention order. Barrister Taimur Malik, the counsel, replied that the case was different from other matters, arguing that the detention proceedings appeared to have been initiated after Aleema and her driver had already been taken into custody. He submitted that the District Intelligence Committee (DIC) meeting and 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. Barrister Malik further contended that the detention notification was issued after the arrest had already taken place. Justice Khan observed that the court would examine the issue. She said the court was reserving its decision on the maintainability of the petition. However, on the counsel’s request, the judge adjourned the hearing until Sept 25 for further arguments. 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 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 petition contends that the DC unlawfully issued the detention orders and failed to follow the procedure prescribed under Section 3 of the MPO Ordinance. It further argues that the orders contain no specific allegations and demonstrate no application of mind. The petition also says that ordinary criminal law and less restrictive measures were not considered and contends that the grounds for detention were not communicated within the required period, alleging that the detention orders were issued after the arrests. It asks the court to set aside the detention orders issued by the Lahore DC and declare them unlawful.

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