IHC Declares Presidential Orders Applicable to Islamabad Ultra Vires The Constitution.
Islamabad was run by a few Presidential Orders among them was Order 18 of 1980 the most crucial. There is another law namely Maintenance of Public Order which was excessively used by the ICT administration in the recent past against certain political figures. The Islamabad High Court declared the Presidential Orders including Order 18 of 1980 Untra Vires the Constitution which empowered the ICT administration to exercise a provincial government’s power to the extent of Islamabad. It implied that ICT administration was the provincial government of Islamabad and the administration had all the powers to exercise what a provincial government possess for the administration of a province. Upon that, all the powers were vested in one person, that is the Chief Commissioner. This was not only contrary to our Constitutional scheme but it was also against democratic norms. Thus, being in contravention of the Constitution, the Orders could not survive and were declared Ultra Vires. The Court declared the Federal Government to be the competent authority to exercise all such powers necessary for administration of the ICT. The Court directed the Federal Government to formulate rule of business for the administration of the ICT in the Rule of Business within only three months.
The Court also took cognisance of MPO and declared certain provisions Ultra Vires the Constitution. Section 3 (2) of the said Order, which grants powers to the administration to arrest a person who is suspected to act prejudicial to public order, to be Ultra Vires the Constitution. The Court also declared all such detention orders passed by the Deputy Commissioner of ICT Corum non Judice and without jurisdiction.
The judgment is a lengthy judgment of 83 pages, well researched, well reasoned and well articulated one, which is worth a read.
W.P_2491_of_2023_Shehryar_Afridi_v_Federation_638394691733677366
