Islamabad: A three member bench headed by the Hon’ble Mr. Justice Iftikhar Muhammad Chaudhary, Chief Justice of Pakistan and comprising other two members namely Hon’ble Mr. Justice Khilji Arif Hussain and Hon’ble Mr.Justice Tariq Parvez heard SMC No. 3 of 2012 and (Waheeda Shah case) and Constitution Petition No. 11 of 2012 Syed Mahmood Akhtar Naqvi, etc. versus Federation of Pakistan, etc. After hearing the counsel for the petitioners and respondents, the Bench passed the following order:-
“Mr. Dil Muhammad Alizai, learned DAG, has placed on record:-
a) a report compiled by Election Commission of Pakistan, concerning action taken by it regarding an untoward incident took place on 25.02.2012 at Polling Station No.16 during bye-elections of PS-53; and
b) police report under Section 173, Cr.PC against Syeda Waheeda Mohsin Shah, who has been charged allegedly for the offence falling within the mischief of Section 86(3)(b) of Representation of the People Act, 1976 read with Sections 353, 337-A(i), 504, 171(c) and 189, PPC.
2. According to the contents of the police report, a case is under trial before the learned Civil Judge/Judicial Magistrate-II, Tando Muhammad Khan against the accused Syeda Waheed Mohsin Shah. Further comments on both afore-mentioned reports are not called for, lest it may cause prejudice to either of the parties. However, the trial Court as well as the Election Commission of Pakistan may proceed with the matters in accordance with law, without being influenced in any manner from the instant proceedings.
3. These proceedings have been registered on the petition filed by Ms. Anita Turab under Article 184(3) of the Constitution, as she has alleged violation of fundamental rights relating to life and security of the civil servants in the country, but the office has mistakenly treated the same to be a Suo Motu Case. The error so committed be corrected and the petition be numbered as a Constitution Petition under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973.
4. On the last date of hearing, learned Attorney General for Pakistan was asked to assist the Court for disposal of the petition, however, today he is reportedly busy before a Bench of this Court at Lahore. Under the circumstances, we direct Secretary, Establishment Division, Government of Pakistan, Islamabad as well as Chief Secretaries of all the Provinces and Chief Commissioner, ICT to submit their parawise comments and also to suggest the ways and means to protect the fundamental rights of the civil servants throughout in the country, as enshrined under Article 9 read with Article 18 of the Constitution because it is the considered opinion of this Court that the persons, who are in the Civil Service of Pakistan are bound to follow the lawful orders. In this behalf, it has been noticed that whenever the officers/officials/civil servants follow the lawful orders, they have to face lot of resistance invariably and several times they are humiliated by immediately ordering their transfers from one place to another and posting them as Officers on Special Duty; initiating baseless proceedings of disciplinary nature against them, inasmuch as, transfer orders are issued by the concerned competent authorities disallowing them to complete their tenure period, without adhering to the rules and regulations.
It has also been noticed that frequent transfers, postings and suspensions etc take place in different departments contrary to the law, rule and regulations. Reference in this behalf may be made to the cases reported as Muhammad Afsar v. Muhammad Farooq (2012 SCMR 274); in the matter of Human Rights Cases Nos.4668 of 2006, 1111 of 2007 and 15283-G of 2010 (PLD 2010 Supreme Court 759); Shah Nawaz Marri v. Government of Baluchistan (2000 PLC (CS) 533); and Zahid Akhtar v. Government of Punjab (PLD 1995 Supreme Court 530).
5. Mr. Ghulam Haider Jamali, Deputy Inspector General of Police, Mirpur Khas, has appeared and stated that disciplinary action against the SDPO and others, who were allegedly present inside the polling station at the time of the incident, has already been initiated.
When we have inquired about the status of Syed Irfan Ali Shah, SDPO, in whose presence unfortunate incident of beating up two lady teachers took place, he failed to give any satisfactory explanation, however, stated that the said SDPO is an Inspector, but due to shortage of officers, he has been posted as SDPO.
6. Syed Mehmood Akhtar Naqvi, petitioner in Constitution Petition No.11 of 2012, has controverter the statement made by the DIG and informed that in the Province of Sindh there is a large number of police officers/officials, who have been given shoulder promotions for the consideration best known to the administration.
This Court in Human Rights Case Nos. 1038 of 2010 and 6679-P of 2011 has already observed that no shoulder promotion should be allowed, therefore, we expect from the Inspectors General of Police and the Chief Secretaries of the Provinces that they shall immediately take action and all those police officers/officials to whom shoulder promotions have been given shall be demoted to their original ranks and if there is shortage of the officers/officials, the relevant rules should be followed for promoting them to the next higher grades purely on merits and in accordance with law, which would not only encourage the merit policy, but at the same time discipline shall be followed and the persons deserving promotion under the law would be given their due right of promotion. Such reports should be filed before this Court in Human Rights Case Nos.1038 of 2010; 2103-G of 2011; 6679-P of 2011 and 12995-S of 2011, which is pending before this Court as well as copies of the same shall also be placed on the file of instant case.
7. The office has informed that after taking cognizance in the instant case, somewhat identical incident has been reported from District Sargodha, where a respectable school teacher has been beaten up by a person allegedly belonging to the ruling party and when the DPO intended to take action against him, on account of his influence the said DPO has been transferred from the Province of Punjab to Gilgit Baltistan. It is reported that the school teacher, who was subjected to physical torture has got fractured his two legs and is under treatment.
The Inspector General of Police, Punjab, is directed to personally look into this matter and submit report about the incident and shall inform as to whether the DPO Sargodha has been transferred outside the Province of Punjab for the reason that he intended to take action about the aforementioned incident by following the rule of law or otherwise. This report must reach this Court within a period of two weeks. Re-list on 28.03.2012.
8. Copy of this order be sent to all concerned, named hereinabove, during course of the day for compliance and report. ”
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