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AJK high court stays police chief transfer

By Tariq Naqash 2016-06-08
MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) High Court on Tuesday refrained the government from transferring the recently posted Inspector General of Police (IGP) until further orders.

The interim order was given by Justice Azhar Salim Babar on a writ petition filed by IGP Bashir Ahmed Memon through senior lawyer Raja Mohammad Hanif Khan.

A similar interim order was separately granted by Justice Babar on another petition, filed jointly by advocates Zulgarnain Raza Naqvi and Mir Naveed Ahmed, against the official move to transfer IGP Memon.

On March 4, the federal government had transferred and posted Mr Memon as AJK IGP through an Establishment Division notification, which was termed by the PPP led AJK government as a `violation of the legal arrangement existing between both the governments under Karachi Agreement of 1949`.

In a letter written on March 8 to Prime Minister Nawaz Sharif, AJK premier Chaudhry Abdul Majeed hadmaintained that apart from the violation of Karachi agreement, the `dubious and highly politicised` service record of Mr Memon was also an issue of serious concern for his government, because `it could prove detrimental to the peaceful electioneering` in the sensitive AJK region.

However, the posting was finally reluctantly endorsed by the AJK government on March 17 after the Establishment Division issued an amended notification `in accordance with the Karachi agreement` According to well-placed sources, the government was unhappy with Mr Memon, even though he carries the reputation of being an upright police officer, because he was not entertaining their unlawful or out of merit demands.

On Monday, the AJK premier recalled all of his previous reservations about Mr Memon in a one-page direction to the chief secretary, and said: `In the given scenario, retaining such a highly politicised and disobedient of ficer as IGP, who is also biased towards the AJK government, would be counterproductive besides creating distrust between the federal andAJK governments.

`Since Mr Memon has lost the trust and confidence of the legal and legitimate authority of the undersigned, therefore I deem it appropriate to denotify his posting as AJK IGP on March 17,` the PM added.

The PM`s direction was forwarded by the chief secretary to secretary services and general administration for `action under rules/law`.

However on Tuesday Mr Memon moved the high court and got interim relief from there.

`Apparently the AJK government is not empowered to unilaterally withdraw the notification of petitioner`s appointment as IGP, particularly when the election schedule has been announced and a ban has been imposed by the chief election commissioner on all postings and transfers,` Justice Babar observed, adding, therefore the direction of the prime minister given on June 6 should not be implemented until next date of hearing on November 7.

The court also issued notices to the respondents for their para-wise comments before or by the next date of hearing.