The Lahore High Court (LHC) on Friday sought a reply from the Punjab home secretary on a petition challenging the detention of PTI founder Imran Khan’s sister, Aleema Khan, under the Maintenance of Public Order (MPO) Ordinance.
Aleema was detained by authorities on Sept 20, 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, which referred to police reports that Aleema and Ameer “are prejudicial to the public safety and maintenance of public order”.
Justice Abher Gul Khan has been holding hearings on the petition. In the previous hearing, Justice Abher had sought arguments on the plea’s maintainability.
As the hearing resumed on Friday, a Punjab government law officer asked the court to dispose of the petition, arguing that the home secretary had already fixed a hearing to review the detention order issued by the Lahore DC on Sept 28.
The judge, however, issued a notice to the home secretary for submission of a reply to the petition.
Barrister Taimur Malik submitted that his client, Aleema, was facing difficulties in receiving her medicines and other essentials in jail. The judge directed the counsel to file a separate application on this issue.
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.
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.
Following Aleema’s detention, her two sisters, Dr Uzma Khan and Noreen Niazi, were also detained under MPO. A day earlier, the LHC turned down a request to immediately suspend the preventive detention notifications issued against Noreen and Dr Uzma.
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.
