Premature transfer, posting of ex-IG, CCPO prima facie illegal: CJ

LAHORE:Lahore High Court Chief Justice Muhammad Qasim Khan on Thursday observed that prima facie the premature transfer of former police chief of Punjab Shoaib Dastagir and posting of the incumbent were in violation of the law.

He was hearing multiple petitions challenging the premature transfers of the inspector general of police of Punjab and capital city police officer of Lahore made last year. PML-N MPA Malik Muhammad Ahmad Khan and others had filed the petitions pleading that the removal of former police chief Dastagir and former CCPO Zulfiqar Hameed were illegal and in violation of Police Order, 2002.

The chief justice had previously appointed two lawyers –Awais Khalid and Waqar A Sheikh—as amicus curies to assist the court on the questions raised by the petitioners. During Thursday’s hearing, Advocate Khalid, said articles 11 and 12 of the Constitution were relevant in the appointment of IGs.

He said the court could determine whether these appointments were under the Constitution. He pointed out that federal government appoints an IG with the consultation of the province.

Advocate Sheikh stated that the Police Order 2002 envisaged the appointment of the IG and other police officers by a public safety commission. He said the Supreme Court had given its judgments on the public interest petitions on these matters. Additional Advocate General Abdul Aziz Awan questioned the maintainability of the petitions and asked the court to dismiss the same. He said the Civil Servant Act of 1973 empowered the government to make such appointments.

Chief Justice Khan, however, observed that the court would see whether these appointments were in accordance with the Constitution. The petitioners’ counsel argued that any citizen could knock the door of the court against any violation of the law.

Chief Justice Khan observed that with this explanation every transfer and posting by the government could be challenged before the court. The CJ issued notices to IGP Inam Ghani and his predecessor Dastagir for the neat hearing.

The petitioners said the frequent arbitrary and premature transfers of senior police officials in Punjab had become a norm as six IGPs had been appointed by the government in the last two years. Similarly, three CCPOs had also been appointed in the same period of time. The petitioners argued that a malfunctioning executive, which primarily relies on a police force for enforcement of laws, could not effectively ensure the guarantees secured by the Constitution. They asked the court to set aside the impugned notifications about the removal of the former IGP and the CCPO and appointments of the new incumbents.