As cop wins case against seniors, rough justice awaits him at SC gate

SC overturns four out-of-turn promotions.

KARACHI:

CCTV footage is being hauled up to ascertain how a fight broke out at the Supreme Court on Monday. A DSP who won an out-of-turn promotions case was reportedly roughed up by four higher ranking officers.

Former Malir City DSP Malik Maqsood filed the case after waiting for a posting for nearly a year. He won on Monday when the Supreme Court overturned the out-of-turn promotions awarded to four officers. He anticipated trouble.

“My driver and I were beaten by the four SPs and their 30 guards and they snatched my gun,” he claimed. “I knew these people would do something which is why I brought my SMG and revolver.”

He now wants the Aram Bagh police to register a case against four of Karachi’s top-ranking officers: Special Investigation Unit chief Farooq Awan, former SIU chief Raja Omar Khattab, Anti-Car Lifting Cell chief Khurram Waris and CID SP Mazhar Mashwani. An FIR has not been possible because they are virtually untouchable, he said, vowing to go to court if the case is not registered.

An inquiry has been ordered. “We are not going to listen to anyone until we take a look at the CCTV footage,” said Aram Bagh ASP Ali Asif.

For his part, SP Mazhar Mashwani denied the allegations against him and his colleagues and said that the media was present. “After the hearing, DSP Ahmed sahib said some insulting things against the judges and pulled out his SMG,” he claimed. “Some people there tried to stop him which is when he fell upon them and then they beat him too.” It was not clear, however, why the DSP, who won the case, would have insulted the judges who had just ruled in his favour.

The case

While hearing the DSP’s case, the Supreme Court overturned the promotions to Abdul Jabbar Qaimkhani, Shehbaz Mughal, Hamid Ali Bhurgari and Abdul Wahab Baloch. Justices Anwar Zaheer Jamali, Amir Hani Muslim and Muhammad Athar Saeed asked the Sindh chief secretary to submit a notification sending these four officials back to their original positions by Tuesday.

The bench also asked the chief secretary to prepare recommendations and submit them to the Sindh chief minister to bring an end to the politically motivated out-of-turn promotions. The top bureaucrat of Sindh was also directed to submit a copy of his recommendations to the apex court within the next three days.

Earlier, at the commencement of the day’s proceedings, the bench pointed out that these promotions were given after a judgment was passed by the Supreme Court some three years back.

The chief secretary and the services secretary were unable to defend the official position. However, the chief secretary told the court that these promotions were given under Article 9-A of the Constitution.

Irked by the explanation, the bench asked why this article was used in Sindh province alone. “The government is playing havoc with the civil service structure by such out-of-turn promotions, postings and transfers,” the bench observed, adding that, “the trust of junior officials is breached and if this policy of out-of-turn promotions continues, juniors would always remain junior.”

Justice Amir Hani Muslim observed that, “The government needs to justify these promotions or all such promotions will be annulled.” He also remarked that apex court’s order up to the level of inspectors was implemented but officers at higher ranks were spared and no action was taken even though the order was passed three years back.

Published in The Express Tribune, September 4^th, 2012.