GILGIT, Aug 15: The newly-appointed Inspector General of Police Usman Zakaria who landed here to assume charge of his office faced a major embarrassment when the chief minister of Gilgit-Baltistan issued directives that “joining of new police chief shall not be entertained” and the region’s Chief Court endorsed the status quo.
Acting IG Wazir Muhammad Ali, a BS-20 officer, had filed a plea with the Chief Court complaining that his right was being infringed by the Establishment Division that had posted an officer quite junior to him to the post.
A bench comprising Chief Judge Raja Jalal Khan heard on Wednesday the petition that stated the newly-posted officer could not command those senior to him. The petition said former police chief Hussain Asghar, an officer on special duty, had not been transferred but suspended and was drawing his salary from Gilgit-Baltistan, thus the vacancy reserved for a federal officer was occupied and the quota for PSP officers filled.
The acting police chief, who was represented in the court by Advocate Amjad Hussain, said in the petition that posting another officer in these circumstances was a violation of the rules and infringement of his rights to serve as head of the department.
The court observed that “since the chief executive of the province has maintained the status quo vide the order, the application for interim remedy need not be argued at this stage”.
It ordered all respondents to attend the proceedings in the first week of next month.
The state was represented by a deputy advocate general and deputy attorney general.
The directives of the chief minister said: “Acting arrangements as made are continued”.
A law expert said there was no constitutional bar on appointment of a local officer in accordance with the quota for induction as police chief.
The post was introduced through legal reforms in 1975 and since then it has always been held by officers belonging to other parts of the country posted by the centre.
However, it is alleged that the chief minister is interested in retaining the services of Mr Asghar who has been suspended for failing to comply with orders of the Supreme Court.
Several orders of the Supreme Court have not been entertained by the chief minister of Gilgit-Baltistan because the region does not fall under its jurisdiction due to some constitutional technicalities.
According to sources, former law minister Babar Awan had assured the chief minister that no action could be taken due to the restriction of court jurisdiction on a constitutional basis.
After averting several attempts to post MR Asghar to the Federal Investigation Agency to probe into a Haj arrangements scam, the government eventually accepted the apex court’s directives and suspended him.
Earlier, a section of the press quoted the chief minister as saying that he had not been consulted while selecting the new police chief of his province.
“It appears that he did not accept the new officer under his prerogative because of this reason,” an official said.http://dawn.com/2012/08/16/gilgit-baltistan-cm-court-bar-ig-from-taking-charge/
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