PHC orders AG to assist court on jurisdiction

Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Arshad Ali and Justice Dr. Muhammad Khurshid Iqbal ordered Attorney General of Pakistan along with Advocate General Khyber Pakhtunkhwa to assist court on jurisdiction of provincial government regarding promotion of police officers in BPS-17 and above while also directed to submit reply, on Thursday.
The writ has filed by District Police Officer Karak Shafiullah Khan, DPO Shaukat Ali, Superintendent of Police Security Salah-u-Din and Deputy Superintendent of Police Shahzadi along with others against promoting of police’s officers to BPS-17 and above by Provincial Selection Board (PSB).
The counsel Anwar-ul-Haq and Muhammad Ahmad Khan Advocates appeared before PHC while Anwar-ul-Haq Advocate informed that petitioners had confirmed DSPs while serving at DPOs and SP rank officers in different districts but now provincial government has constituted PSB beyond the jurisdiction to promote officers on nepotism by ignoring the applicants.
The establishment division is competent forum for promotion of police’s officers to BPS-17 and above through Central Selection but PSB meeting is called on notification issued by Additional Inspector General Establishment Khyber Pakhtunkhwa which is unconstitutional while the petitioners are still waiting for promotion to BPS-18 and placed on acting charge base at different positions, counsel argued.
The counsel further added that federal government has declared that promotion to BPS-17 is jurisdiction of federation and shall be made through Central Selection Board while several procedures have been neglected in this regard.
The counsel argued that petitioners had obtained certificates of appreciation from high-ups for their performance but unfortunately junior officers are promoting by neglecting seniors while requested to declare the act illegal.
The divisional bench comprising of Arshad Ali and Justice Dr. Muhammad Khurshid Iqbal directed Attorney General of Pakistan and Advocate General Khyber Pakhtunkhwa to submit reply and ordered to assist court regarding jurisdiction of provincial government in promotion of police’s officers to BPS-17 and above.
Although, if promotion is jurisdiction of provincial government then assist court regarding the law and also ordered federal government to clear their position on the matter while adjourned further hearing till 10 August.