ISLAMABAD: Four police officers and the deputy commissioner Islamabad on Saturday challenged in the Islamabad High Court (IHC) a lower court order for the registration of an FIR against them in connection with the August 30 violence on the Constitution Avenue in which four protesters were killed.

On a petition filed by Pakistan Tehreek-iInsaf (PTI) vice-chairman Shah Mehmood Qureshi, Additional District and Sessions Judge Shahrukh Arjumand on September 27 ordered the Secretariat police to register a criminal case against Prime Minister Nawaz Sharif, Punjab Chief Minister Shahbaz Sharif, Interior Minister Chaudhry Nisar Ali Khan, Defence Minister Khawaja Mohammad Asif,Railway Minister Khawaja Saad Rafique, the inspectors general of the Punjab and railway police and the SSP and Deputy Commissioner Islamabad.

On Saturday, Additional Attorney General (AAG) Mohammad Waqar Rana filed the appeal against the ADSJ order. The appeal stated that `the ADSJ passed the order in the capacity of `justice of peace` but without examining the facts.

A `justice of peace` is a judicial officer of a lower court and is supposed to keep peace in his jurisdiction. In the past the term `commissioner of the peace` was often used with the same meaning.

Under section 22 of the Criminal Procedure Code (CrPC), a justice of peace can issue direction for the registration of an FIR after a complainant proved his case but the police declined to register the FIR.

The AAG also challenged the vires (powers) of section 22 of CrPC, saying the judicial officer cannot pass an order against the administrative actions. The petition said the executive and the judiciary were separate pillars of the state but by ordering the registration of an FIR the judicial officer had assumed the executive powers.The appeal maintained that the police officers present on the Constitution Avenue were responsible for the security of the buildings and had acted against the protesters when they entered the premises and started damaging them.

In the appeal, the police as well as the district administration officials requested the court to set aside the direction of the ADSJ.

The IHC single bench will hear the appeal next week.

In September, PTI leader Qureshi in the petition argued that the workers of his party were killed and injured due to torture, firing, shelling and baton charge by the police when they were peacefully marching towards the Prime Minister House. He said on September 1 PTI leaders had submitted an application against the police violence to the Secretariat police for the registration of a case against the government functionaries but the SHO did not entertain it.

It may be mentioned that after the August 30 violence, at least 13 cases were registered with different police stations against the leadership of the PTI and the Pakistan Awami Tehreek (PAT).