ISLAMABAD: The Islamabad High Court (IHC) on Friday reserved order on the maintainability of a petition filed by four former inspectors general of police against the sacking and suspension of officers for allegedly avoiding the ‘use of force’ against protestors during last year’s ‘sit-ins’ in the federal capital.

The former IGPs - Iftikhar Rashid, Afzal Ali Shigri, Tariq Pervez and Shaukat Javed – in their petition challenged the sacking of former senior superintended of police (SSP) Islamabad Mohammad Ali Nekokara and the suspension of ex-IGP Aftab Ahmed Cheema.

After hearing the preliminary arguments of the petitioners’ counsel Babar Sattar and additional attorney general (AAG) Afnan Karim Kundi, Justice Amir Farooq reserved the order.

The federal government dismissed SSP Nekokara for showing ‘poor leadership’ at the time of a ‘grave crisis’, a reference to the over 100-day sit-in in Islamabad. Similarly, IGP Cheema was removed in August last year and later disciplinary proceedings were initiated against him for ‘inaction’ against the marchers.

Four ex-IGPs have challenged sacking and suspension of two police officers

AAG Kundi argued that this was a matter related to the disciplinary proceedings against officers. He said both the police officers had filed departmental appeals which were pending before the competent authority. He said the officers could file an appeal with the Federal Service Tribunal as under the Constitution it was the relevant forum for the civil servants to seek remedy against such orders.

He said the retired IGPs were not the aggrieved party in the case as the disciplinary proceedings against the serving officers had nothing to do with their fundamental rights.

“If the disciplinary proceedings against Mr Nekokara and Mr Cheema are dropped because of the petitions of the ex-IGPs, tomorrow the retired officers of Pakistan Administrative Service (PAS) and other cadres may come to the rescue of their serving colleagues.”

He pointed out that the superior courts avoid taking up matters related to the disciplinary proceedings against officials of the armed forces because there was an alternative forum to seek remedy for the aggrieved army officers. Under Article 212 of the Constitution, the officers can challenge their suspension and sacking. He requested the court to dismiss the petition as the petitioners were not the aggrieved party.

Babar Sattar, the counsel for the petitioners, however, contended that being police officers it was the duty of SSP Nekokara and IGP Cheema to protect fundamental rights of the citizens and not to follow ‘illegal orders’ of political bosses.

At this, Justice Farooq remarked that it was not the order of political bosses but certain directions passed by the federal government. He said the question regarding the ‘legality’ of these directions was disputed.

AAG Kundi interfered and said the government never passed any illegal order and that sort of dispute could only be resolved in the civil courts.

As per petition, the long march and subsequent sit-ins were political challenges mounted by the PTI and PAT against the PML-N and it was the responsibility of the interior secretary, the IGP and SSP Islamabad to strike a balance between the rights of the protesters and the residents of Islamabad.

According to the petition, the civil administration and the police force were under a solemn obligation to protect the lives, liberties and safety of all citizens and IGP Cheema and SSP Nekokara had tried to maintain that balance.

Earlier, the petition was being heard by Justice Athar Minallah who on May 11 referred it to Chief Justice Mohammad Anwar Khan Kasi to constitute a larger bench. However, Justice Kasi changed the bench and marked the petition to Justice Farooq.

Published in Dawn, May 30th, 2015

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