Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's sister Aleema Khan was detained for 30 days under the Maintenance of Public Order (MPO) Ordinance in Lahore on September 20. Her son, Shahraiz Khan, has challenged the detention before the Lahore High Court (LHC), arguing that the order was unlawful and that the prescribed legal procedure was not followed.
The Lahore deputy commissioner issued the detention order under Section 3 of the Punjab Maintenance of Public Order Ordinance, 1960. The order followed reports from police and intelligence authorities that cited concerns relating to public safety and the maintenance of public order. The allegations contained in those reports are the stated basis for the detention and have not been established as findings by a court.
What the detention order says
According to the detention order reported by local media, police and intelligence reports alleged that Aleema Khan had been involved in activities connected with protests and road blockades, including events linked to May 9, 2023. The reports also alleged that she could contribute to a public-order situation through political activity and mobilisation.
The order states that the material was considered by the District Intelligence Committee in Lahore and that the committee recommended preventive detention. The deputy commissioner subsequently ordered that Aleema Khan be detained for 30 days.
These allegations come from the material relied upon by the authorities for the detention order. They should not be treated as judicial findings or as proof of the allegations against Aleema Khan.
What Section 3 of the MPO Ordinance provides
The Punjab Maintenance of Public Order Ordinance, 1960 is a preventive-detention law dealing with circumstances connected to public safety, public interest and the maintenance of public order. Section 3 provides the legal framework under which a detention order may be made in specified circumstances. The law remains part of Punjab's legal framework.
Preventive detention is different from ordinary criminal imprisonment. A preventive-detention order is intended to address circumstances considered by the competent authority to present a risk to public order or related interests, rather than serving as a sentence imposed after a criminal conviction.
Why Aleema Khan's detention is being challenged
The petition filed by Shahraiz Khan argues that the Lahore deputy commissioner acted unlawfully in issuing the detention order. It challenges the grounds cited for the detention and argues that the requirements of Section 3 of the MPO Ordinance were not properly followed.
The petition also argues that Aleema Khan was taken into custody before the detention proceedings were completed. During the LHC hearing, her lawyer maintained that the arrest had taken place before the District Intelligence Committee meeting and the issuance of the detention notification. The government side's position and the court's eventual determination on this issue remain separate matters.
The petition further challenges the adequacy of the reasons given for detention and argues that ordinary criminal law and less restrictive measures should have been considered. These are arguments advanced by the petitioner and have not been finally determined by the court.
What happened in the Lahore High Court
The Lahore High Court heard the petition on September 22 before Justice Abher Gul Khan. The court focused on the maintainability of the petition and asked whether the petitioner had first approached the relevant authority against the detention order.
The petitioner's counsel argued that the circumstances were different because, according to his submission, Aleema Khan had already been taken into custody before the District Intelligence Committee meeting and the detention notification. Justice Abher Gul Khan observed that the court would examine the issue.
The court did not issue a final ruling on the legality of the detention at that hearing. On the petitioner's request, the matter was adjourned until September 25 for further arguments on maintainability.
What the Constitution says about preventive detention
Article 10 of the Constitution provides safeguards concerning arrest and detention. Its preventive-detention provisions recognise detention under laws dealing with matters including public order and establish additional constitutional safeguards for longer periods of detention.
Article 10(4) provides that a law providing for preventive detention cannot authorise detention for more than three months unless the appropriate Review Board reviews the case and reports that sufficient cause exists for continued detention. Article 10(5) also provides for communication of the grounds of a preventive-detention order within the prescribed period and an opportunity to make a representation, subject to the constitutional exception concerning disclosure of facts where the authority considers withholding them to be in the public interest.
A 30-day detention order therefore does not by itself mean that every constitutional issue concerning preventive detention is resolved. The legality of a particular detention depends on the applicable law, the order issued, the grounds relied upon and whether the required procedures and constitutional safeguards were followed.
What happens next
The Lahore High Court is scheduled to hear further arguments on September 25 concerning the maintainability of the petition. The court's proceedings will determine how the challenge proceeds and whether it considers the petition maintainable in its present form.
As of publication, the LHC had not issued a final ruling declaring Aleema Khan's detention lawful or unlawful. The detention order, the arguments made by the petitioner and the authorities' stated grounds should therefore be distinguished from any eventual judicial finding.
Origin Pakistan will update this report as the Lahore High Court proceedings produce verified developments.
