While terming frequent transfer of Provincial Police Officer (PPO) as violation of the provisions of Police Order 2002, a petitioner on Thursday urged the Lahore High Court to declare notification of recently removed inspector general of Police Amjad Javed Saleemi illegal and unconstitutional.
Filing petition before principal seat of the Lahore High Court on behalf of Hafiz Rahman Aziz, pro bono lawyers Usama Khawar Ghumman and Umer Gillani made federal and Punjab governments as respondents in the matter.
Seeking formation of an independent Commission at cost of the provincial government, comprising a retired judge of the LHC or top court and representatives of civil society over frequent change of the provincial Police chief, the petitioner requested the LHC to direct the Commission to oversee effective implementation of the Police Order 2002.
The petitioner submitted, “broad based Commission to inquire and give recommendations regarding further Police reforms to be initiated for a modern, autonomous, accountable and service oriented police which ensures the protection of the fundamental rights of the citizens of Punjab, and for the effective implementation of the Rule of Law, and to submit a compliance report in this regard before the LHC for further orders.”
The petitioner also requested the LHC to issue directives to federal and Punjab governments to ensure effective implementation of the Police Order, 2002 in its true letter and spirit saying criminal justice system cannot be improved without improvements in the law enforcement agencies.
Ghumman and Gillani submitted that four inspectors general of Police have been changed during last ten months saying average tenure of an IGP has been three months, adding that it is sheer violation of Article 12 of the Police Order 2002 which prohibits frequent transfer of provincial police chief without a legal ground.
“It is most respectfully and most humbly submitted that the decision of the federal and Punjab governemnts to transfer Saleemi is a violation of Article 12 and other provisions of the Police Order, 2002. Moreover, as the Police Order, 2002, is in force, no future appointments can be made by the respondents except in compliance with the Police Order, 2002”, the petitioner submitted.
The petitioner requested the LHC to declare notification (F. No. 12(10)/86-E-3 (Police) of April dated 15, 2019 issued by the Establishment Division of Cabinet Secretariat as unconstitutional, without jurisdiction, illegal, void ab initio and of no legal effect.
