SSP faces dismissal for opposing use of force

ISLAMABAD: The government is about to set a new example of making example of the dissent from within bureaucracy.
Muhammad Ali Nekokara, former SSP (Operations) Islamabad, could face dismissal for what appears to be the exercise of his lawful right to convey in writing that the use of force against the protesters of PTI and PAT could repeat Model Town-like tragedy.
Incidentally, the protesting parties had also implicated him in two separate FIRs for using the force that he applied after the higher authorities rejected his opinion directing him to follow the orders of superiors that resulted in the loss of human lives and injuries to 500 protesters.
Posted out on his request in early September 2014, salary of Nekokara has been stopped since then and now dismissal is just a matter of a notification.The officials dealing with the case confirmed his likely dismissal soon, a development that has triggered resentment in the police service at a time when 27 bureaucrats are already under microscopic scrutiny after moving court against governmet’s decision of remanding their promotion cases back to central selection board.
Authorised officer in Nekokara case, Foreign Secretary Aizaz Ahmed Chaudhry has recommended his dismissal after Muhammad Amlish, the IG Balochistan, completed the inquiry within a week or so and without cross-examining IG Islamabad and Secretary Interior, who were superior to Nekokara. Foreign secretary refused to comment when contacted by The News, confirming however that he forwarded recommendations to the secretary establishment. IG Balochistan acknowledged that neither IG Islamabad nor interior secretary were examined and that he determined the facts only by examining official record and recording statements of three DMG officers: chief commissioner, deputy commissioner and assistant commissioner.
Asked if it is unlawful for an officer to give his dissenting note on a proposed strategy in writing so as to make it part of record, IG Balochistan did not comment. However, he said that frank discussion takes place in meetings and their minutes are also maintained. He said it was unbecoming of an officer to be a “fair weather functionary and start disagreeing in time of crisis”. He didn’t answer when asked if Nekokara had refused to obey command, disagreement notwithstanding. Amlish rather went on explaining that there was no order to use the force. Asked whether he inquired from Nekokara that who had ordered him to use the force as his letter on August 31 said he had received directives from his superiors, Amlish said he ‘examined in detail’ but didn’t answer what the accused officer had responded.
Foreign secretary’s recommendations regarding dismissal from service is now at the table of the secretary establishment, a DMG officer, Nadeem Hassan Asif. “The proceedings are complete for final orders of the competent authority,” the secretary establishment said responding to a question of The News inquiring if Nekokara is being dismissed. Asked who is competent to notify his dismissal, the secretary establishment responded: “secretary establishment.”
As tension had escalated in late August last year following the advances of PTI and PAT towards PM House, Nekokara emphasised on cooling down tension through negotiations, saying the use of force will “lead to killings and a tragedy similar to or worse than Model Town and backfire and be more disadvantageous for our democratic system.”
He had sent his professional opinion in writing to the secretary interior on August 26 on the latter’s directive to express in written format. He was assured next day that no use of force will be carried out. However, a late night decision on August 29 was made to use the force that resulted in the loss of several lives and left injured 500 people.
Then he wrote another letter on August 31, 2014 reminding those concerned that his apprehensions about violence turned out to be true, saying further use of force will only exacerbate the situation. He requested to be posted out if the use of force were to continue.
The Interior Ministry surrendered his services to the Establishment Division, and he has been denied any salary since then. Nekokara is being victimised for recommending against the use of force but no violent strategy had been followed after his removal thus vindicating his opinion.
Charges against him include opposing the use of force that was his lawful right to give opinion through official channel as a public servant and reaffirmed by the Supreme Court in Anita Turab case. “One of their (civil servants) prime duties is to give advice in the best public interest and to administer the law impartially being incharge of the machinery of the State. In this regard, the address made by Quaid-i-Azam Mohamamd Ali Jinnah to the members of civil services at Peshawar on 14th April, 1948 is the most relevant,” reads the apex court’s judgment in Anita Turab case.