ISLAMABAD, Jan 2: The Supreme Court on Wednesday revoked the suspension of capital’s top officials by revising an order handed down by a bench headed by deposed Chief Justice Iftikhar Mohammad Chaudhry over use of force against lawyers, journalists and representatives of the civil society on Sept 29, 2007.
On Oct 1, the Supreme Court had ordered suspension of Deputy Commissioner Chaudhry Mohammad Ali, Inspector-General of Police Morawet Ali Shah and Senior Superintendent of Police Dr Naeem Khan after holding them responsible for the use of force outside the SC building and in front of the Election Commission.
The capital had seen pitched battles on the Constitution Avenue after lawyers were manhandled, baton-charged and tear-gassed during a demonstration against President Pervez Musharraf’s re-election bid when the Election Commission was scrutinising the nomination papers of presidential candidates. The police action had left over 70 lawyers, journalists and civil society members injured.
Advocates Mujeebur Rehman and Raja Mohammad Bashir represented the suspended officials, who were present in the court on Wednesday. Advocate Tariq Mehmood who was representing the lawyers’ community, was under house arrest and he told Dawn that had not received any notice from the court about the hearing.
A bench comprising Chief Justice Abdul Hameed Dogar, Justice Mohammad Moosa K. Leghari and Justice Chaudhry Ejaz Yousaf recalled the suspension orders but asked the establishment division to decide about the officials’ fate under the service rules without being influenced by the verdict of Oct 1.
The chief justice observed that the officers had been suspended without seeking sanction from the competent authority and that the earlier orders were being recalled only to the extent of their suspension and the suo motu case would continue to be heard.
Attorney-General Malik Mohammad Qayyum, appearing on court notice, informed the bench that no proceedings had been initiated against the suspended officers over the past three months and they had been suspended on the order of the Supreme Court without seeking prior approval from the competent authority (president).
He said an extension in the period of their suspension had also not been sought from the competent authority.
He said proceedings of the committee formed to probe into the matter fell under fact-finding, and not disciplinary, investigation. He said rules for the civil servants suggest that disciplinary proceedings against suspended government servants should always be finalised within two months after their suspension.
In case it was not possible, the departmental proceedings against a government servant under suspension should always be reported to the establishment secretary, he said.
He also submitted a statement signed by Joint Secretary Viqarun Zeb on behalf of the interior ministry.
At the last hearing the court had ordered submission of a report after initiation of action against the suspended officials.
The ministry informed the court that no action or order under the Removal from Service Ordinance, 2000, had been taken against the suspended officers by the competent authority.
In fact no such inquiry under the ordinance had been directed as the inquiry ordered by the interior ministry had not been completed, it said.
The inquiry committee had been constituted by the ministry prior to the Supreme Court’s suo motu notice. It delayed its proceedings after the court’s notice.
Since the officers had been suspended on the direction of the Supreme Court, the ministry had no objection if the suspension orders were recalled, it said.
