ISLAMABAD: Supreme Court Friday suspended the transfer order of Capital City Police Officer (CCPO) Lahore Ghulam Mahmood Dogar while forwarding the matter to a larger bench of the apex court.
A three-judge bench of the top court headed by Justice Ijazul Ahsan heard CCPO Dogar’s plea challenging his transfer. During proceedings, the court disposed of the case by suspending the Punjab caretaker government’s decision regarding transfer of the Lahore CCPO.
The bench announced that a larger five-judge bench of the apex court was hearing a case pertaining to transfers and postings in Punjab, adding that the bench was also forwarding this case to the larger bench. At the outset of the hearing, Justice Ahsan inquired where the chief election commissioner was. The ECP secretary told the court that the CEC was indisposed that’s why he was unable to attend the court’s hearing today.
The secretary informed the court that the Punjab government verbally requested to transfer CCPO Dogar on Jan 23. Then the provincial government’s written request came on Jan 24 and it was accepted on Feb 6, he added. Justice Muneeb Akhtar wondered whether the verbal request could be granted in normal circumstances. Justice Ahsan remarked that a verbal request was made and then it was accepted and implemented. Ironically, the correspondence was done after the implementation of the request, he observed.
Justice Akhtar inquired: “Do the government institutions act upon the verbal instructions? Can constitutional institutions convey verbal orders?”
The judge went on to say that it’s the election commission which can approve the transfers, not the chief election commissioner? Has the ECP entrusted its powers to the CEC,” he asked. On this, the ECP DG law told the court that there was no rule available that allows entrusting of ECP’s powers to the CEC. Justice Akhtar inquired who called the chief election commissioner and requested him to transfer the CCPO.
“The CEC should have asked Mr X to have patience and should have told him that the ECP will decide the case. How the CEC can become an entire election commission upon himself and decide the matter all alone,” the judge wondered. The bench remarked that apparently it seemed that the transfer order of CCPO Dogar was against the law. First, a verbal transfer order was communicated, then it was conveyed in black and white, the bench observed.
The bench while restoring CCPO Dogar, also rejected the ECP’s request for more time for presenting all postings and transfers’ record. Justice Akhtar remarked that the clock was ticking fast and the period of 90 days for holding elections was about to come to an end soon and the ECP was seeking more time.
The court also rejected the Islamabad High Court Bar Association’s plea seeking issuance of a court order for holding elections in Punjab. Justice Ahsan remarked that the bench was hearing only CCPO Dogar’s case and it had already sent the Punjab Assembly election matter to the chief justice of Pakistan.