The Lahore High Court (LHC) on Friday sought reports from relevant authorities on a petition challenging the detention of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s sister Aleema Khan and her driver after provincial law officers told the court that the home secretary had fixed September 28 for a review hearing on the detention.
Aleema Khan was detained for 30 days under the Maintenance of Public Order (MPO) law through an order issued by the Lahore administration. The petition sought judicial intervention against the detention order, while the government placed on record that the home secretary would hear the matter on September 28.
LHC Justice Abher Gul Khan heard the petition filed by Aleema’s son Shahraiz, challenging the detention of his mother and her driver.
At the outset of the hearing, Punjab law officers placed before the court a letter stating that the home secretary had fixed Monday, September 28, for a review hearing on Aleema’s detention order. The law officer asked the court to dispose of the petition, saying the competent authority would review the matter on that date.
The petitioner’s counsel, Rana Mudassar Umar, opposed the request, arguing that the government was causing a procedural delay and that the detention order should be examined independently by the court.
He argued that the order appeared to have been issued on the basis of vague reports and after the alleged arrest, describing it as an “ante-dated” order. The counsel therefore asked the court to immediately suspend the detention order instead of waiting for the administrative review scheduled for September 28.
The court declined to suspend the order at this stage and instead sought reports from the Punjab home secretary, Lahore deputy commissioner (DC) and Superintendent of Jail.
Read: LHC declines immediate suspension of detention orders against Noreen, Uzma
Umar subsequently asked the court to summon the Lahore deputy commissioner, CCPO Lahore and other concerned officials, along with the original record and reports relied upon to issue the detention order, so that the court could examine the material on which it was based.
He argued that the allegations relied upon by the authorities had already been addressed in the relevant criminal proceedings and that his client had been acquitted in the cases concerned. He added that the relevant acquittal order had also been placed on the court record.
Further, the counsel argued that if the officials and original record were summoned before the court, the alleged deficiencies in the detention order would become apparent.
The court, however, observed that the officials would not be summoned on Friday and said the chief secretary would be summoned if the court’s order was not complied with.
Read More: LHC seeks arguments on plea challenging Aleema Khan’s MPO detention
The counsel objected that by then the detention period would continue to run, potentially leaving the petitioner without an effective remedy during the intervening period. He maintained that the government and administration were seeking to delay the matter while the petitioner had no other forum available for immediate relief apart from the court.
At one point, Umar also raised the issue of Aleema’s access to her family and lawyers while in detention. He submitted that since her detention, neither family access nor access to counsel had been provided and that even basic necessities, including clothes and medicines, were allegedly not being allowed to reach her.
Describing the situation as harsh and inhumane, the counsel asked the court to immediately allow family and counsel meetings and permit medicines and other essential items to be provided to Aleema.
The court directed the counsel to submit a written application seeking the requested access and facilities, saying an appropriate order would be passed in accordance with the law.
Shortly afterwards, Umar filed the application and asked the court to take it up for hearing on the same day.
Imran’s sisters detained under MPO
Imran’s other sisters, Dr Uzma and Noreen Niazi, were also detained for 30 days under Section 3 of the Punjab MPO Ordinance 1960, a day after Aleema was detained under the same law. The detentions came ahead of the PTI’s planned September 27 countrywide protest and march towards Islamabad.
The Lahore deputy commissioner’s orders for the detentions cited police reports alleging the two women’s activities were “prejudicial to the public safety and maintenance of public order” and linked them to the May 9, 2023 protests and road blockades. The orders also said multiple cases had been registered against them.
On September 21, Aleema’s son Shahraiz approached the LHC challenging the detention orders against his mother and her two sisters. The petition argued that the orders were unlawful and failed to establish any specific conduct warranting preventive detention.
A day later, the LHC sought further arguments on the maintainability of a separate petition challenging Aleema and her driver Muhammad Ameer’s detention. Their counsel argued that the detention proceedings appeared to have been initiated after they had already been taken into custody, pointing to the timing of the District Intelligence Committee meeting and the issuance of the detention notification.
On Thursday, the LHC also declined an immediate request to suspend detention notifications issued against Dr Uzma and Noreen, and sought replies from the relevant authorities on their pleas challenging the detentions.
