A three-judge bench headed by Chief Justice of Pakistan Justice Mian Saqib Nisar heard a suo motu case on the transfer of the Islamabad IGP. IGP Muhammad was transferred on October 27 after he allegedly refused action on a complaint by Federal Minister Senator Azam Khan Swati's son regarding an incident at the farmhouse which, the minister claims, led to three of his employees being injured.
Attorney General of Pakistan Khalid Javed, secretary establishment and interior secretary appeared before the court for the hearing.
Information Minister Fawad Chaudhry also appeared in court after being summoned.
During the hearing, the bench took strict notice of the statements of the information minister and federal minister for science and technology and summoned them. The bench also directed the affected family to appear before court.
The chief justice also called for clips of Swati’s speech.
It is the SC that sent a prime minister home: CJP
Justice Nisar remarked, “It was said that the Supreme Court cannot remove an IGP.” Holding the constitution book in the air, Justice Nisar remarked, “It is the Supreme Court that sent a prime minister home as per the Constitution.”
Stating that "there is no doubt that the prime minister is the chief executive", Justice Nisar lashed out at Chaudhry and said, “The information minister issued an irresponsible statement. Are such statements given? There is a limit to irresponsibility.”
“The information minister, who is a lawmaker, issued a statement that if an executive has to run the government then why were the elections held. Which institution was he digging at in his statement?” Justice Nisar asked.
“The information minister, who is a lawmaker, issued a statement that if an executive has to run the government then why were the elections held. Which institution was he digging at in his statement?” Justice Nisar asked.
The top judge continued, “The interior secretary was not aware that the prime minister also holds the portfolio of interior minister. Your minister says they will do as they please, we will see how he does this.”
“A cow entered Swati’s farmhouse, what was the big deal? Children were arrested and put behind bars and then on TV he stated that he will clarify his position,” Justice Nisar added.
Further, he said, “What kind of things is the information minister saying. He is also a lawmaker.”
At this, Fawad Chaudhry’s brother, Faisal, who was present in court said, “He [information minister] did not mock the court.”
The chief justice then said, “Call for the tape of information minister’s speech from TV channels.”
“Chaudhry is a representative of the state. Are state representatives like this?” he asked.
Report on IGP transfer submitted
Further, during the hearing the attorney general submitted a report regarding the transfer of the Islamabad IGP.
State Minister Sheheryar Afridi asked the prime minister to remove the Islamabad IGP and a few days earlier Finance Minister Asad Umar had also called for his transfer, the attorney general said.
“The ministers were not satisfied with the IGP’s performance,” the attorney general said. “It was under the Islamabad IGP that crime and drug peddling increased in the capital.”
“The prime minister ordered that a summary for Jan Muhammad’s transfer be prepared,” the AGP further told the court.
At this, the chief justice asked, “Which volcano erupted that such immediate measures were taken against the IGP?”
The AGP responded, “The premier had already summoned names for a replacement IGP from the principal secretary. Nasir Durrani had been told to suggest names in keeping with the government’s vision. Interviews for the next IGP started on September 19.”
“Two officers had been interviewed for the post,” the bench was further told.
Justice Nisar then remarked, “You are saying that the Islamabad IGP had been appointed by the caretaker government and you had to replace him. But in Punjab, you replaced an IGP that had been appointed by you and Nasir Durrani has resigned.”
SC suspends notification of IGP's transfer
The Supreme Court of Pakistan on Monday suspended a notification regarding the transfer of Islamabad IGP Jan Muhammad after officials said he was transferred on the verbal orders of Prime Minister Imran Khan.
Fawad Chaudhry's statement
A day earlier, Chaudhry had said IGPs are answerable to the prime minister and chief minister and questioned "what the point of elections is" if the premier cannot suspend a police chief.
Speaking to the media in Islamabad, the information minister commented on the transfer of Islamabad IGP Jan Muhammad and said, "There were multiple complaints against him and he was not cooperative."
“The prime minister and chief minister have executive powers which they will use,” the information minister had asserted. “It is not possible that IGPs, deputy commissioners or others are not answerable to the premier.”
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