ISLAMABAD: The Supreme Court suspended the transfer of the City Chief Police Officer (CCPO), Lahore, Ghulam Mahmood Dogar, saying prima facie transfer was made on verbal order and referred the case to a five-member bench.
A three-judge, headed by Justice Ijazul Ahsan, and comprising Justice Mazahar Ali Akbar Naqvi and Justice Muneeb Akhtar, on Friday, heard Dogar’s petition against the December 2022 decision of the Federal Service Tribunal.
The caretaker government of the Punjab on January 23 had removed Dogar as CCPO and replaced him with Bilal Siddique Kamyana.
During the proceeding, Justice Muneeb said according to the Constitution, the Election Commission has to hold election within 90 days. The Election Act was made in 2017, and Parliament is aware of this law.
The Court in a written order on February 16 stated: “The election date had not been announced which constitutes violation of Article 224(2) of the Constitution, 1973.”
Islamabad High Court Bar Association President Shoaib Shaheen, present in the court, said on Feb 16, the bench had asked the CEC about elections. He said the bar has also filed a petition regarding the Punjab elections. However, Justice Ijaz said his petition is not before the Court. Justice Muneeb said it is the prerogative of the chief justice to constitute a bench for hearing his petition.
Earlier, Justice Ijaz said the Chief Election Commissioner (CEC) transferred Dogar on verbal order and has not given its reasons. Justice Muneeb asked the ECP secretary and DG (Law) to explain how a transfer could be made on a verbal request. He further asked is it normal practice to transfer the officers on verbal orders.
“Who has given the CEC right to approve postings on verbal requests?”
Director General (Law) ECP informed that the CEC ordered for Dogar’s transfer after meeting with the Provincial Election Commissioner.
Justice Muneeb said: “If a Mr/Mrs X, Y, Z, called you (CEC) then you had to apply your own mind, and had to have meaningful consultation.”
He said in the interim setup the ECP has to do everything in writing.
“Under what laws were assistant commissioners transferred at the request of a caretaker government?”
He said the ECP and not the CEC had the right to approve postings and transfers.
The ECP secretary said that such transfers had taken place in the electoral body earlier as well.
“After a verbal request, a written request was also made.” However, Justice Muneeb remarked that the written request in Dogar’s case was sent after the police officer was transferred.
At this, the ECP secretary explained that the written request was sent to ECP on January 24 and Dogar was transferred on February 6.
“Are decisions taken on verbal requests in normal circumstances too?” Justice Muneeb questioned.
“Can constitutional institutions issue verbal orders?”
Justice Ijaz also noted that a request came, and it was approved and even implemented. “The correspondence was done after execution,” he said.
At the onset of the hearing, Justice Ijaz inquired where is Chief Election Commissioner Sikandar Sultan Raja. At that, Secretary ECP Umar Hameed informed that CEC is unwell and hence, could not appear before the court.
The secretary said the Punjab government made a verbal request to transfer Dogar on January 23. He said that they received the written request on January 24 which was approved on February 6.
Copyright Business Recorder, 2023
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