The Supreme Court (SC) suspended on Friday the transfer order of the former Lahore capital city police officer (CCPO) Ghulam Mahmood Dogar.
A three-member bench headed by Justice Ijazul Ahsan of the apex court delivered the decision and referred the case to a five-member larger bench.
During today’s hearing, Justice Ahsan asked the chief election commissioner (CEC) was.
At this, the Election Commission's secretary replied that CEC Sikandar Sultan Raja was 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.
At this, Justice Munib Akhtar inquired whether orders are issued on verbal requests normally. Meanwhile, Justice Ahsan said that a verbal request was approved and orders were issued.
However, the transfer letter was issued after the implementation, he remarked.
"Do federal institutions work on verbal orders? Can constitutional bodies issue orders verbally?" asked Justice Akhtar.
Justice Akhtar remarked that the CEC can't decide over transfers and postings without consulting the Election Commission members.
"Has the Election Commission transferred its authorities to the chief election commissioner?" questioned Justice Akhtar.
At this, the director general (DG) law said that there is no document to delegate the authority.
“Who contacted the CEC regarding the transfer and postings and under which law the CEC is authorised to issue the orders himself?” asked Justice Akhtar.
The judge remarked that elections are to be held in 90 days and with every passing day, the 90-day limit is ending.
On January 26, the commission just issued a verbal order, according to which everyone from secretary to peon was reshuffled in Punjab, observed Justice Ijaz ul Ahsan.
“What the ECP is actually doing?” asked Justice Akhtar.
The judge also got infuriated over the consistent interruption by the ECP's secretary and cautioned him.
I know the basic law, responded Hameed.
At this, Justice Ahsan said that by knowing basic law you would not be called a lawyer.
“What was the hurry to issue verbal orders?” Justice Akhtar asked.
The only duty of the ECP is to conduct elections, said Justice Ahsan.
Meanwhile, the bench also rejected a petition regarding the polls not being conducted within 90 days.
“We have submitted a petition for election dates in the Supreme court and our petition should be heard,” Islamabad High Court Bar Association President Shoaib Shaheen pleaded before the court.
“The matter of elections is forwarded to the chief justice. Your petition is not before us,” observed Justice Akhtar.
The authority to form a bench and fix a date lies with the CJP, Justice Ahsan said.
On November 5 last year, the federal government had suspended then Lahore CCPO Dogar after an angry mob of PTI supporters staged a protest outside Governor House in Lahore against the assassination attempt on the party's chairman, Imran Khan.
Dogar was said to be suspended over his alleged failure in providing foolproof security to Governor House during the PTI’s protests and politicising the police department.
Despite the suspension by the federation, Dogar did not leave charge of the post and had challenged his suspension in the Lahore High Court (LHC). He had also moved the Federal Service Tribunal (FST) against his suspension.
On November 8 last year, the LHC had dismissed Dogar's plea, saying it does not have the authority to hear the case. Meanwhile, on November 10 last year, the tribunal comprising Asim Akram and Mushtaq Jadoon had suspended the federal government’s November 5 notification in a two-page written verdict.
Approving Dogar’s appeal against the federal government's decision, the tribunal had declared his suspension against the law and contrary to the verdicts of the top court.
Later, on December 2 last year, a FST bench had ordered to remove the CCPO, rejecting the single-bench order of reinstating Dogar which was then challenged by the cop in the apex court, which reinstated him.
Last month, on January 23, after the establishment of the caretaker government in Punjab, the transfer order of Dogar was issued once again. The government replaced Dogar with Additional IG Bilal Siddique Kamyana as the Lahore CCPO.