FCC Moved Over Detention of Nine KP MPAsPakistan

According to the petition, keeping elected representatives in detention amounts to an affront to the mandate given by the people. The petitioners contend that detaining lawmakers who have been chosen by voters undermines the electoral mandate itself, and that the continued custody of the nine MPAs raises serious constitutional questions that the court has been asked to settle.

The petition says the extraordinary powers under Articles 232, 234 and 245 of the Constitution are not above basic human rights, which cannot be infringed upon even if governor’s rule has been imposed. The petitioners argue that even in extraordinary circumstances, fundamental rights remain protected, and that the constitutional provisions invoked by the government do not place executive action beyond judicial scrutiny.

The petition further states that steps taken by the government are subject to review by the constitutional court. The petitioners have asked the court to examine whether the detention of the nine members of the provincial assembly can stand under the Constitution, and to decide the matter after hearing all sides.

The petition also raises the constitutional question of whether state institutions can restrict the political activities and the parliamentary role of elected representatives. According to the reports, the petitioners want the court to determine the limits within which institutions may act against lawmakers, and to clarify the protection available to elected representatives in the performance of their parliamentary duties.

Aaj TV also reported the filing of the petition, confirming that the opposition leaders had approached the Federal Constitutional Court over the detention of the nine Khyber Pakhtunkhwa Assembly members. The court has been asked to take up the matter and decide the fate of the detained lawmakers.