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SC suspends transfer order, reinstates Ghulam Mehmood Dogar as CCPO Lahore

ISLAMABAD: Supreme Court (SC) while suspending his transfer orders has reinstated Ghulam Mahmood Dogar again as Lahore Capital City Police Officer (CCPO) .

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The court while rejecting the plea from Election Commission of Pakistan |(ECP) seeking time for provision of details of posting and transfer and plea from Islamabad High Court (IHC) Bar in connection with election in Punjab has maintained only case of transfer of CCPO Lahore is before us. We have sent matter of delay in polls in Punjab to Chief Justice of Pakistan (CJP).

A 3-member bench of SC presided over by Justice Ijaz ul Ahsan took up the case for hearing Friday.

On inquiring by the court Secretary ECP Umar Hamid told the court Sikandar Sultan Raja is unable to come to court being unwell.

The secretary ECP told the court the caretaker government Punjab made verbal request in connection with transfer of CCPO Lahore Ghulam Mahmood Dogar

Justice Munib Akhtar inquired on this occasion does ECP make posting and transfer on verbal request. Is there such like precedent available before it. Who telephoned Chief Election Commissioner (CEC) and made request for transfer. How CEC is making all decisions by becoming the entire election commission.

DG Law ECP Arshid Khan told the court that after verbal request Punjab Caretaker government made request in writing on January 24. On it CEC gave permission for transferring other officers including Ghulam Mehmood Dogar on February 06.

Justice Ijaz ul Ahsan inquired on this occasion has the ECP to give permission for postings and transfers during the caretaker setup as per act.

He raised the question had the election commission delegated powers to CEC in respect of the proposed postings and transfers.

DG Law ECP took the plea there is no such like written permission available. Election commission issued transfer orders in the light of SC observation. SC had given observation in its decision in 2013.

Justice Munib Akhtar remarked legislation has been enacted in the light of court’s decision. Court decision was only with reference to secretaries. On the other hand election commission issued orders for transfer of assistant commissioners. How can the commission issue orders without the written request of the government.

Justice Mazahir Naqvi remarked “ inform us about the legal position of verbal orders. SC has issued several decisions with reference to verbal orders.

Justice Munib Akhtar remarked the clock is running very fast. Tick, tick, tick. 90 days have to end. Election commission is seeking more time.

Justice Ijaz ul Ahsan remarked Election commission job is to hold transparent election and it is seeking time for it as well.

The court maintained prima facie the order regarding transfer of Ghulam Mehmood Dogar was against the law. The order for transfer of Ghulam Mehmood Dogar was earlier given verbal and then in writing.

The court while suspending the transfer order of Ghulam Mehmood Dogar has referred the case to a five members larger bench of SC .