July 19, 2022
By Rehan Piracha
LAHORE: Pakistan Tehrik Insaaf leader Fawad Chaudhry has hinted the Punjab provincial government may place a ban on the entry of Federal Interior Minister Rana Sanaullah and Punjab Home Minister Attaullah Tarar if and when the party’s chief ministerial candidate Pervaiz Elahi comes to power. His remarks came only days before the chief minister’s election is scheduled.
However, a proviso to the Section 5 (4) of Punjab Maintenance of Public Order Ordinance 1960 relating to restrict movement of individuals over public safety states that the provincial government cannot issue an order to expel a person from the province who is a resident of the province.
“Provided that no such order made by Government shall direct the exclusion or removal from the province of any person ordinarily resident in the province and no such order made by the [Deputy Commissioner] shall direct the exclusion or removal from the district of any person ordinarily resident in that district,” reads provision to Section 5 (4) of Punjab MPO Ordinance.
According to Abid Saqi, former vice chairman of Pakistan Bar Council, the MPO Ordinance gives sweeping powers to the provincial government to detain and restrict movement of individuals on the grounds of maintenance of public peace and security.
Under Section 5 of Punjab MPO relating to power to control suspected persons, the provincial government and the deputy commissioners can issue an order against a person to prevent him/her from acting in any manner prejudicial to public safety or public interest or the maintenance of public order.
“A person can be barred from entering a certain locality, district and the province under an order issued by the provincial government,” Saqi told Voicepk.net.
The order can also direct a person to confine his movement within an area and district. The provincial government can also direct a person to abstain from such acts as specified in the order. The person has to submit a bond with or without sureties for the due observance of the directions specified in the order.
According to the Punjab MPO, the expulsion order can be issued for a period exceeding three months. Prior to the expiry of the order, the matter has to be reported to a provincial review board for an extension in the period. The order can remain in force for a period not exceeding two years.
The provincial government has to communicate the grounds to the person against whom such order has been issued within 15 days. The government has to faciliate the person for making a representation against the order.
In his press conference in Islamabad on July 19, Fawad Chaudhary said Federal Interior Minister Rana Sanaullah would be confined to Islamabad capital territory after party provincial governments in Khyber Pakhutnkhwa and Punjab would place a ban on his entry to the province.
The PTI leader remarks came after Rana Sanaullah commented in a current affairs show that five PTI MPs might ‘disappear’ from the assembly session for the election of the Punjab chief minister on July 22. The federal interior minister also stated that his party would not let the PTI coalition candidate Pervaiz Elahi easily become the Punjab chief minister. The PTI has gained a majority in the assembly following the election of 15 MPAs in the bye-elections on July 17.
