LHC overrules objection to plea against ex-IG’s transfer

LAHORE:Lahore High Court Chief Justice Muhammad Qasim Khan on Monday overruled an office objection to a petition by PML-N MPA Malik Muhammad Ahmad Khan and observed that the locus standi of the petitioner to challenge the transfer of former IGP and the CCPO-Lahore would be decided on judicial side. Earlier, MPA Khan, also a practicing advocate, presented his arguments before the court to establish that he was very much an aggrieved person in the case since it involved violation of fundamental rights.

He said the question was not about the transfer of an officer but the non-implementation of Police Order 2002. Mr Khan referred to a famous case about of transfer of police officer AD Khwaja wherein the Sindh High Court entertained a petition by a civil society organisation. He said the matter went to the Supreme Court where the locus standi of the civil society was also upheld.

Chief Justice Khan observed that article 212 of the Constitution put a bar on the high court to directly hear matters relating to the transfer/promotion of the civil servants. He said the provincial services tribunal was the first remedy available in the law.

However, the chief justice asked Barrister Khan whether the tribunal was competent to decide a question involving fundamental rights. The petitioner said the tribunal had no such jurisdiction to settle any question of fundamental right. He pointed out that then chief justice of the LHC had admitted a similar petition for regular hearing, which was still pending adjudication.

Additional Advocate General Abdul Aziz Awan objected to the locus standi of the petitioner and said only an aggrieved person could challenge transfer of a civil servant. He said the petition was politically motivated as the petitioner was an MPA of opposition.

Chief Justice Khan, however, brushed aside this objection and noted that the parliamentarians from the opposition parties were also the public representatives. The chief justice reminded the law officer that the court was overruling the office objection conditionally as he would decide with a judicial decision and sought arguments from the both sides on the next hearing.

The petition contended that the Police Order empowered the IGP to give binding recommendation to the provincial government for appointing CCPO-Lahore. It said the government committed illegality by appointing Umar Sheikh as CCPO-Lahore against the recommendations of the former IGP and by later on transferring the IGP without following the law.