Nekokara, Cheema case: IHC to hear arguments over maintainability of petition

Hearing on May 11; four ex-IGPs have pleaded reinstatement of Nekokara, Cheema.

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed lawyers to present arguments on the maintainability of a petition filed against the dismissal and suspension of two top Islamabad Police officials in the next hearing on May 11.

The petition was filed by four retired police officers, pleading for the reinstatement of suspended inspector general of Islamabad Police (IGP), Aftab Ahmed Cheema and former senior superintendent of police (SSP) Mohammad Ali Nekokara.

They described the disciplinary actions against the two officials as “illegal”.

The IGP was suspended and the SSP dismissed from service for failure to use force against the protesters during last year’s sit-ins by Pakistan Tehreek-e-Insaf (PTI) and the Pakistan Awami Tehreek (PAT).

Former IGPs Iftikhar Rashid, Afzal Shigri, Tariq Pervez and Shaukat Javed, through their counsel Babar Sattar have challenged the government’s order.

The state counsel argued that the petition was not maintainable as the IHC was not the proper forum for the petitioners.

Sattar and the state counsel presented their initial arguments over maintainability of the petition on Thursday. State counsel said that the petition was not maintainable as it was a service matter and the petitioners should approach the Federal Services Tribunal. Sattar argued that the two cops wanted the orders to use force provided in writing but were refused and asked to take action against the protesters on verbal directives alone.

While issuing pre-admission notices to the secretaries of the interior and the foreign affairs ministries, the Establishment Division and the Federal Investigation Agency (FIA) director general, the court set May 11 for the next hearing with directions to the counsels to present their arguments.

Published in The Express Tribune, May 8^th, 2015.