PESHAWAR: Peshawar High Court (PHC) has suspended Inspector General of Police (IGP) Khyber Pakhtunkhwa orders on 12th March 2023 and stopped demotion of Cadets from their position while directed to submit comments in this regard before court, on Thursday.
This was suspended by PHC’s divisional bench comprised of Justice Musrt Hilali and Justice Abdul Shakoor while hearing writ petition of 42 Cadets. Barrister Mudassir Emir argued that Rajab Ali and Shah Mumtaz along with 40 others petitioners are Cadets while promoted at different times on extraordinary performance. But on 12th March 2023 IGP Khyber Pakhtunkhwa has issued order of demotion while directing Cadets to join their Ranks, the counsel argued.
The counsel argued that the issue was placed before provincial cabinet while the government has forwarded it to Standing Committee to settle the issue and to ensure that no one can deprive or demoralize in this regard. He added that Police Rules established in 1934 while NWFP police Rules instated in 1937, however, standing order 11-87 was challenged before Supreme Court but it was rejected by the apex court while it was implemented in 2005 under Act.
Barrister Mudassir Amir argued that such actions will undermine police officers while added that Supreme Court didn’t applicable in this case because in Punjab and Sindh police, employees were brought on deputation from civil departments without uniform on nepotism while some personnel are also promoted on favoritism.
He added that Khyber Pakhtunkhwa police case is different while argued that Deputy Superintendent of Police (DSP) Iqbal Mohmand who embraced martyrdom at last night in lane to his duty. The counsel further argued that if policemen were undermined at this stage then no officer will show bravery in future while requested to suspend IGP orders issued on 12th March and to stop demotion of cadets.
Meanwhile, the divisional bench of PHC comprised of Justice Musart Hilali and Justice Shakeel Ahmad also suspended demotion orders of 12 Superintends of Police (SPs) including SP Malakand Counter Terrorism Department (CTD) Amjad Ali while ordered IGP Khyber Pakhtunkhwa to submit reply. The counsel Qazi Jawad Ihsan Ullah and Muhammad Waqas Advocates informed that the petitioners were promoted at different interval of times but on 6th August 2013 IGP has demoted them. However, the petitioners approached PHC against IGP orders which was declared null and void by honorable high court.
Supreme Court of Pakistan (SCP) of has turndown appeal against PHC’s decision declaring IGP orders null and void while directed to submit report for filing appeal after stipulated timeframe, the counsel argued.
The counsel informed that IGP has submitted report before SCP regarding demotion of petitioner despite their pleas were upheld till apex court. They added that on 8th March 2023 in contempt of court proceedings, the court ordered to remove the petitioners from demotion list because their case separate in nature.
The counsel Qazi Jawad and Waqas Advocates argued that despite removing from demotion list, an order was issued for demotion of petitioners which is liable for Contempt of Court proceedings. The divisional bench of PHC comprised of Justice Musart Hilali and Justice Shakeel Ahmad suspended IGP Khyber Pakhtunkhwa issued on 15th March 2023 while ordered the petitioners to continue their services at own position and adjourned further hearing.