Action in Aid of Civil Power Ordinance 2019: CJP forms larger bench to examine constitutionality

ISLAMABAD: The Supreme Court (SC) constituted a larger bench to hear the mater pertaining to Khyber Pakhtunkhwa government’s ‘Action in Aid of Civil Power Regulation Ordinance 2019.

A five member larger bench headed by Chief Justice Asif Saeed Khan Khosa will hear the matter on November 13.

Other members of the bench included Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Justice Qazi Faez Isa.

On Oct 24 a three member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa had suspended until November 13, the order of Peshawar High Court, declaring the Khyber Pakhtunkhwa government’s ‘Action in Aid of Civil Power Regulation Ordinance 2019 as unconstitutional.

The court had heard the petitions filed by the government of Khyber Pakhtunkhwa as well as the federal government challenging the order of Peshawar High Court (PHC) on October 17, striking down the Khyber Pakhtunkhwa government’s ‘Action in Aid of Civil Power Regulation Ordinance 2019 as well as Vires of Fata Act 2019 and Pata Act 2018.

During the hearing, the chief justice had ruled that a larger bench will be constituted for examining the constitutionality of the instant matter.

On October 17, a two-member bench of the Peshawar High Court comprising Chief Justice Waqar Ahmed Seth and Justice Musarrat Hilali, struck down the impugned ordinance, declaring it illegal, unlawful and contrary to the constitution.

The Ordinance was challenged by Shabbir Hussain Gigyani.

The ordinance assigns wide-ranging powers to the authorised officers and armed forces besides giving an interning authority to detain a suspect until the continuation of action in aid of civil power by the armed forces.

It is pertinent to mention here that Farhatullah Babar, senior leader of Pakistan People's Party (PPP) along with others had also challenged the Khyber Pakhtunkhwa Actions in Aid of Civil Power Ordinance, 2019 in the Supreme Court praying for declaring it as unconstitutional for being violation of fundamental rights guaranteed under the constitution.

The Registrar Office of the apex court had returned the petition with objections which was later on challenged by Farhatullah Babar.

The court, the other day, set aside the order of the Registrar Office and had ordered to fix the instant petition with others being taken up on November 13.