New K-P police chief faces court challenge

IHC issues notices to establishment secy, K-P police chief

ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notices to the establishment division secretary and the newly appointed K-P police chief over the latter’s appointment as it is said to be in violation of the apex court’s judgment regarding unlawful promotions.

A single-member bench, headed by Justice Aamer Farooq, issued notices to the respondents for April 5 (tomorrow).

K-P Additional Inspector General of Police Syed Akhter Ali Shah, who temporarily held the charge of acting IG after retirement of Nasir Durrani, challenged the appointment of K-P IG Salahuddin Khan Mehsud.

The petitioner, through his counsel Barrister Masroor Shah, approached the IHC against the appointment of Mehsud on grounds that it was in violation of the Supreme Court’s (SC) judgment and the provisions of K-P Police Ordinance, 2016.

Counsel for the petitioner apprised the court that the newly notified IG was selected by the Central Selection Board (CSB) in 2016, whose proceedings were declared null and void by the SC.

He said it is enunciated in Section 14 of the K-P Police Ordinance, 2016 that no police officer below grade 21 and 22 can be appointed as IG while Mehsud is a grade 20 officer.

He further argued that the new appointment of the police chief is not only contrary to the law but also amounts to gross contempt of the judgments of the SC.

In the petition, he said, various police officers of grade 20 had challenged the office memorandum (OM) for being unconstitutional, ultra vires and repugnant to the rules of justice.

On July 27, 2015, a single bench of the IHC stated, “the entire process carried out by CSB on the basis of formula introduced through policy of 2012 resulting into deferments/supersession of the petitioners is declared as illegal, without jurisdiction, in violation of law laid down by the superior courts and offensive to the accrued valuable rights of civil servants.”

While the federation’s appeals, he maintained, were pending before the apex court, the federation purportedly conducted a meeting of the CSB using the same controversial formula (impugned OM), which had already been rendered as unconstitutional and ultra vires by the IHC.

The SC has recently dismissed the federation’s appeal giving finality to the order of IHC.

Now instead of implementing the judgment of IHC after it has been granted the seal of approval by the apex court, he said, the establishment secretary “is adamant to continue pampering its blue-eyed civil servants.”

Respondents’ impugned act is unlawful, unconstitutional, void ab initio and contrary to ‘ratio decidendi’ enunciated by the SC and IHC without any legal effect whatsoever.

He prayed the court to direct the establishment secretary to appoint K-P police chief strictly in accordance with the law and the relevant rules.