Use of force: High court dismisses former SSP’s petition

Court asks Nekokara to approach Federal Services Tribunal.

ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed a petition filed by a police official who is facing a government inquiry after he refused to use force against protesters on August 31.

Former senior superintendent of Islamabad Police Operations Muhammad Ali Nekokara was made officer on special duty after he reportedly refused to use force during the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) sit in after protesters marched on parliament on August 31.

In the meanwhile, Nekokara, who reportedly defied the interior minister’s orders to crackdown on protesters, was sent to the Establishment Division.

IHC judge Athar Minallah dismissed Nekokara’s petition and observed that the inquiry against him was in the preliminary stages and he could approach the Federal Services Tribunal for adjudication of his petition.

On November 18, charges were framed against Nekokara for disobeying the orders of his seniors by seeking leave at a time of crisis. The Establishment Division appointed the foreign affairs secretary to investigate the charges against him.

The petitioner, through his counsel Shoaib Shaheen, maintained that on August 28, he had directed his subordinates not to use force against peaceful protesters without his prior approval.

“During a high-level meeting at the interior ministry, my client refused to use force against the protesters,” Shaheen said.

The counsel maintained that according to his client, peaceful assembly of citizens was a fundamental right and an officer could not be penalised for protecting the basic rights of the fellow citizens.

He argued that his client was made officer on special duty despite the fact that he had requested his seniors to send him on leave or post him to any other location after August 31. He requested the court to declare the inquiry against him illegal.

Published in The Express Tribune, December 2^nd, 2014.