Ex IGPs' petition against dismissal of Nekokara IHC reserves judgement on maintainability of petition

Islamabad High Court (IHC) on Friday reserved its judgement on the maintainability of the petition filed by four former inspectors general of Police against the dismissal and suspension of key police officials, who avoided 'use of force' against the protestors during last year's 'sit-ins' in the federal capital.
Four former inspectors general - Iftikhar Rashid, Afzal Ali Shigri, Tariq Pervez and Shaukat Javed, had challenged the sacking of former Senior Superintended of Police (SSP) Mohammad Ali Nekokara and suspension of former Inspector General (IG) Islamabad Aftab Ahmed Cheema.
Pakistan Muslim League-Nawaz (PML-N) government dismissed SSP Nekokara under the pretext of showing 'poor leadership' at the time of over 100-day sit-in by protesters. The government removed IGP Cheema in August last year and later initiated disciplinary proceedings against him for 'inaction' against the participants of the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehrik's (PAT) sit-in in Islamabad. Appearing before a single-member bench of the Justice Aamir Farooq in the matter, Additional Attorney General for Pakistan (AAG) Afnan Karim Kundi contended that the officers can file an appeal in the Federal Services Tribunal (FST), which is the relevant forum for civil servants to seek remedy against such orders.
He requested the court to dismiss the petition in hand saying the petitioners were not aggrieved and could file a departmental appeal to get justice. Babar Sattar, counsel for the former Police officials, argued that being a police officers it was the duty of SSP Nekokara and IG Cheema to protect fundamental rights of citizens instead of following illegal orders of the political bosses. Justice Farooq remarked that the order was passed by the Federal Government.
However, AAG Kundi maintained that the government never passed any illegal order and that sort of dispute could only be resolved in civil courts and the high court was not the relevant forum. The petition was earlier heard by the IHC Justice Athar Minallah, who on May 11 referred the petition to Chief Justice Mohammad Anwar Khan Kasi, to constitute a larger bench. Justice Kasi however referred the matter to a single-member bench of the Justice Aamir Farooq.