Pakistan's Federal Constitutional Court on Thursday restrained the Peshawar High Court from hearing cases over the detention of PTI activists held under Section 3 of the West Pakistan Maintenance of Public Order Ordinance, 1960, in Khyber Pakhtunkhwa.
A two-judge bench of Chief Justice Aminuddin Khan and Justice Aamer Farooq ordered that, because the armed forces have been called in aid of civil power across the province under an October 11, 2026 Article 245 order and an October 12 Defence Ministry memorandum, High Court proceedings under Article 199 instituted on or after October 12 remain suspended under clause (4) of Article 245.
The court directed Advocate General KP Sanaullah Khan to report within seven days which areas of the province no longer require the armed forces in aid of civil power, saying it may then consider modifying the order.
The High Court had granted interim bail on surety of Rs100,000 each to several activists soon after the emergency proclamation. More than 60 provincial appeals against High Court interim orders are also before the FCC, and the detention of non-functional Chief Minister Sohail Afridi remains pending in the High Court.