PESHAWAR, Nov 16 A recently promulgated ordinance, making drastic changes in Anti-Terrorism Act and curtailing different powers of superior courts, was challenged before the Peshawar High Court on Monday.

Three accused, arrested in connection with a case of kidnapping, filed a writ petition before the high court challenging the Anti-Terrorism (Amendment) Ordinance, 2009, and requesting the court to declare it ultra vires to the constitution.

The petitioners -- Bilour Khan, Shamim and Jamil, residents of Khyber Agency -- were denied bail by the anti-terrorism court on Nov 12, on the ground that the said ordinance had ousted the jurisdiction of all the courts including Supreme Court and high courts in entertaining bail applications in cases registered under Anti-Terrorism Act.

The ordinance was promulgated by acting President Farooq H. Naek on Oct 1, 2009. The writ petition was filed by Advocate Nek Nawaz Khan on behalf of the petitioners.

Mr Khan told Dawn that through the said ordinance various unfettered powers had been assigned to the law enforcement agencies. At the same time the powers of courts under the Criminal Procedure Code in deciding bail matters had been curtailed in cases under the ATA, he added.

The petitioners, while seeking bail under Article 199 of the Constitution, prayed the court to declare that the impugned ordinance was in conflict with the principles of separation of powers and independence of judiciary. It was further prayed to declare that the ordinance was in violation of fundamental rights, equality of citizens and other rights guaranteed by the Constitution of Pakistan.