Khudayar Mohla –
Lahore High Court on Thursday hinted that it will conclusively resolve the issue relating to Police Order 2002 implementation after hearing arguments of identical petitioners, urging for the law application in Punjab which remained at limbo owning to lack of political will for 17 years.
Police Order 2002 provides mechanism for the force to deliver independently in society and then making it accountable upon failure to perform their duties in accordance with law but no government since 2002 paid heed to implement the law for effective working of criminal justice system.
Enforcement of Police Order 2002 still in limbo
Single-member bench of the Lahore High Court Justice Jawad Hasaan is hearing identical pleas over pre-mature transfer of former IG Police of Punjab Amjad Javed Saleemi and appointment of the new IG Capt. (r) Arif Nawaz Khan which the petitioners termed as violation of the Police Order, 2002, the Punjab Government Rules of Business 2011 and various verdicts of Supreme Court.
It is worth mentioning that during last hearing, provincial law officer has raised objection over locus standai and maintainability of the petition in the matter but the court decided that it will hear arguments of all the petitioners once after clubbing the petitions of same nature.
Appearing before the bench in the matter on Thursday one of the petitioner’s counsel advocate Ghumman argued that the petitioner being citizen of Pakistan has filed the petition in hand in public interest only to declare that the Police Order 2002 is a valid law and should be implemented in true letter and spirit.
Ghumman contended that Inspector General of Police (IGP) is the chief head of the Punjab Police which is attached institution of the Home Department Government of the Punjab as per of the Punjab Government Rules of Business 2011, adding that being the attached department under the Rules tenure of three years of the IGP is secured.
Advocate Usama Khawar further argued that positing and transfer are also protected under Punjab Government Rules of Business 2011 saying under the Police Order 2002, the administration of the Police shall vest with the IGP under Article 10 and under Article 12 of the Order, the tenure of posting for 3 years is protected.
During the courses of hearing, Justice Jawwad Hassan expressed displeasure over non-constitution of District Public Safety Commission, Provincial Public Safety Commission, and Police Complaints Authority as required by the Police Order 2002 and despite passage of 17 years of the law.
After hearing arguments of the petitioners seeking enforcement of the Police Order 2002 Justice Jawaad Hassan hinted that the court will hear the issue at length and to conclusively resolve the issue of non-implementation of the Police Order . Later, the bench issued directives to parties of the case to advance their arguments after four weeks.
