The Supreme Court has observed although the Prime Minister is the highest authority of the country yet he does not have whimsical, capricious and arbitrary powers and can't misuse or abuse the discretionary powers. A three-member bench, headed by Chief Justice Saqib Nisar, was hearing a suo motu case regarding the transfer of inspector general of Islamabad police.
The Chief Justice said the Prime Minister is the chief executive of the country so he can take decisions, but if those decisions would not be in accordance with the law then this court can interfere and for that he referred many judgements.
Justice Ijaz questioned what the extreme urgency was to pass verbal order for the transfer of IGP Islamabad when he was not in the country.
Attorney General for Pakistan Anwar Mansoor defending the federal government explained that the decision to remove IGP Jan Muhammad was made on September 12, 2018. He said that under Rules of Business, the PM under the Section 5(11)(A) has to pass verbal order.
The Chief Justice, however, said that he [PM] does not have unbridled power. "The knee-jerk orders are not the rule of law," he added. The AGP informed that a case against IGP Jan Muhammad was already being made due to Minister of State for Interior Shahryar Afridi's complaints as he failed to control the robberies and thefts in Islamabad.
He shared a WhatsApp conversation between the state minister and the IGP. Upon that Justice Ijaz-ul-Ahsan asked whether the government is running state affairs through WhatsApp. "The country will be run according to the law. We do not care who is running the government," he added. During the proceedings the Chief Justice inquired where Minister of Information Fawad Chaudhry and Minister of Science and Technology are and then summoned both the ministers.
Fawad Chaudhry appearing before the bench sought apology and said he could not even think ridiculing the court over the transfer of IGP Islamabad, Jan Muhammad. The court accepted his apology.
Fawad had questioned the purpose of holding elections in the country if the elected prime minister could not even suspend an IGP. He said the apex court was a respectable institution but asserted that the Premier and chief ministers will "not shy away from using their rightful authority."
Justice Ijaz said the minister's statement was "irresponsible" and it "indirectly ridiculed the court." The Chief Justice said the Constitution has given Supreme Court authority to take notice of the matter.
The Chief Justice said if the IGP Islamabad was transferred for being incompetent then why the IGP Punjab was transferred after two months and why former IGP KPK Nasir Durrani, who was heading the police reform committee, had resigned in protest.
The Chief Justice hinted at constituting a joint investigation team headed by Director General Federal Investigation Agency (FIA) to probe the matter related the Azam Swati's action against the poor family.
The court directed Azam Swati to provide details of all the assets held by him as well as his spouse and children by Thursday (today). The DG FIA was asked to investigate his assets. He said last time [in DPO transfer case] they had pardoned realising the fact the new government has been installed and they wanted the smooth running of the system. "Now we will see where the Article 62 (a)(f) of Constitution applies.
The court has summoned the affected family, FIR and jail record on the next date of hearing.
The case was adjourned until Friday (tomorrow).