ISLAMABAD: In a show of solidarity with former Senior Superintendent of Police (SSP) Mohammad Ali Nekokara and former Islamabad Inspector General of Police (IGP) Aftab Ahmed Cheema, four retired inspectors general have filed a petition challenging ‘government reprisals’ against these officers for their ‘inaction’ against the participants of last year’s sit-in outside parliament.

Justice Athar Minallah of the Islamabad High Court (IHC) on Thursday, after a preliminary hearing, sought a reply from the respondents – secretaries of the Establishment Division, Interior, Foreign Affairs, and the Federal Investigation Agency (FIA) director general – in 10 days.

Also read: Govt dismisses cop who refused to use force against PAT, PTI protesters

SSP Nekokara was dismissed by the ruling PML-N last month for showing ‘poor leadership’ at the time of a ‘grave crisis’, a reference to the over 100-day sit-in by protesters. Similarly, the government removed IGP Cheema in August last year and later initiated disciplinary proceedings against him for ‘inaction’ against the participants of the PTI and PAT’s long march towards the capital.

The four former IGPs – Iftikhar Rashid, Afzal Ali Shigri, Tariq Pervez and Shaukat Javed – filed the petition through their counsel Babar Sattar.

Mr Sattar argued that, “The choice before IGP Cheema and SSP Nekokara during the dharna was to exhibit allegiance to rule of law, and discharge their duties and exercise their authority to protect the citizen or allow the secretary interior to usurp their authority and render their professional judgment and autonomy subservient to the will of the political regime.”

He argued that as both officers abided by the mandate of law and resolved to follow only legal orders, they are being persecuted to make them a strong deterrent for all officers of the police who might have qualms about executing illegal orders and outsourcing their legal authority to reigning political masters.

Referring to the June 17, 2014 Model Town incident where violent clashes between police and workers of the PAT led to the deaths of 14 innocent people, Mr Sattar said that after the government ordered the use of force against participants of the sit-in, SSP Nekokara sent a text message to the interior secretary, saying, “Sir, further to our meeting, while I am committed to protecting lives, I regret I will not be able to use force against the protesters mainly because I am convinced that it will lead to killing and a tragedy similar to (or) worse than Model Town and it will backfire and be more disadvantageous for our democratic system. In view of the foregoing, if deemed appropriate, I can submit an application for leave.”

Subsequently, the counsel added, the SSP issued directions to subordinates not to use force against the protesters without fulfilling all legal requirements.

The counsel also said that the long march and subsequent sit-in were political challenges mounted by the PTI and PAT against the PML-N and it was the responsibility of the interior secretary, IGP and SSP Islamabad to strike a balance between the rights of protesters and the residents of Islamabad.

According to him, the civil administration and the police force were under solemn obligation to protect the lives, liberties and safety of all citizens.

Mr Sattar said that IGP Cheema and SSP Nekokara tried to maintain that balance, but had been victimised and requested the court to set aside the disciplinary proceedings initiated against both officers and asked that they be restored to their previous positions.

He also requested the court recommend the initiation of disciplinary action against those public office holders who tried to usurp the authorities of public servants during the sit-in and prevented officers from exercising their authority.

Published in Dawn, May 1st, 2015

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