Pakistan Tehreek-e-Insaf (PTI) vice chairman and former PM Imran Khan’s aide Shah Mahmood Qureshi was detained at Rawalpindi’s Adiala prison on Tuesday for 15 days under Section 3 of the Maintenance of Public Order (MPO) Ordinance, days after securing a highly-sought bail in the cipher case. The Section 3 of MPO grants the Pakistan government with powers for preventative detention.

Qureshi, along with Imran, is imprisoned in Adiala jail in the cipher case, which pertains to the ex-Prime Minister brandishing a document alleging that it contains US involvement behind his ouster from power in 2022. They secured bail on Friday (December 22) as the Supreme Court accepted their pleas and were directed to submit surety bonds worth Rs 1 million each.

Qureshi’s daughter had said that she expected her father would be released as his arrest was not required in any other case, Dawn reported. However, Rawalpindi Deputy Commissioner (DC) Hassan Waqar Cheema issued an order for the ex-foreign minister’s 15-day detention before his family could obtain his release order. A hearing for the case took place today and was subsequently adjourned till tomorrow. 

Why was Qureshi detained?

The Rawalpindi City Police Officer (CPO) had intimated via a letter that Qureshi was part of the political party responsible for its involvement in “anti-state activities” and causing damage to public and private property, according to the order. It also said that it was possible that after his release, “he will again continue his above activities and which may lead to law and order situation, harmful to life and property of the general public.”

The order further said that the CPO recommended that Qureshi be detained for 45 days to prevent him from his “unlawful activities and acting in a manner prejudicial to the public safety or the maintenance of public order”. The Rawalpindi District Intelligence Committee as well as DC Cheema agreed to Qureshi’s detention, although it was announced for 15 days.

This comes after the PTI second-in-command was “likely” to be released today after he got bail in the cipher case and his detention is expected to deal a major blow to the party as it sought a major boost ahead of the upcoming elections on February 8. His daughter, Meher Bano Qureshi, said that the process for her father’s release on bail was his legal right and the family would continue to pursue it.

Qureshi is among several PTI leaders against whom such detention orders have been issued for their alleged involvement in the violent May 9 riots, when Imran’s supporters clashed with the police and vandalised military installations across the country after his arrest.

What is 3-MPO?

Section 3 of the MPO empowers the government to arrest and detain suspected persons. “The government, if satisfied that with a view to preventing any person from acting in any manner prejudicial to public safety or the maintenance of public order, it is necessary to do, may, by an order in writing, direct the arrest and detention in such custody […] and [the] government, if satisfied that for the aforesaid reasons, it is necessary so to do, may extend from time to time the period of such detention, for a period not exceeding six months at a time,” it states.

According to the law, any individual with an arrest warrant can also be arrested by a sub-inspector of police or an officer of higher rank without the necessity of displaying the warrant. The High Court is mandated to establish a board if the individual’s detention is deemed necessary beyond three months. 

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