Islamabad: The Supreme Court suspended the transfer order of former CCPO Lahore Ghulam Mahmood Dogar and restored him to his post.
Justice Ejaz-ul-Ahsan asked at the beginning of the hearing of the exchange case of Ghulam Mahmood Dogar that where is the Chief Election Commissioner? On which the Secretary Election Commission of Pakistan said that the Chief Election Commissioner is unwell.
Secretary Election Commission told the court that the Punjab government made a verbal request for the transfer of Ghulam Mahmood Dogar on January 23. The writ petition came on 24th January. Approved on 6 February.
Justice Muneeb Akhtar asked whether orders are issued on verbal request even in normal circumstances. Justice Ijaz-ul-Ahsan remarked that the oral request was received, approved and implemented. Correspondence followed the execution.
Justice Muneeb Akhtar inquired whether government institutions work verbally. Can constitutional bodies issue verbal orders? Not the Chief Election Commissioner, the Election Commission can approve the transfer. Has the Election Commission delegated its powers to the Chief Election Commissioner? On which the DG Law Election Commission told the court that there is no document to undermine the powers.
The Supreme Court remarked that the order of Ghulam Mahmood Dogar was against the law. The order for the transfer of Ghulam Mahmood Dogar was first given verbally and then in writing. The court rejected the request of the Election Commission to give more time to submit records on transfer postings while reinstating former CCPO Ghulam Mehmood Dogar.
Justice Muneeb Akhtar remarked that the clock is ticking very fast, tick, tick, tick. 90 days are about to expire and Election Commission is asking for more time. Justice Ijaz-ul-Ahsan said that the Election Commission’s job is to conduct transparent elections and they are asking for time for that too.
The court also rejected Islamabad High Court Bar Association’s request to issue an order on the petition for elections in Punjab. Justice Ijaz-ul-Ahsan remarked that before us is only the case of transfer of CCPO Lahore. The issue of delay in elections in Punjab has already been referred to the Chief Justice of Pakistan.
Justice Muneeb Akhtar inquired as to who called the Chief Election Commissioner and requested the transfer. Telling Mr. X to be patient, the commission will decide on your application. How is the Chief Election Commissioner himself taking decisions as the entire Election Commission?
It should be noted that CCPO Lahore Ghulam Mehmood Dogar was asked by the caretaker government to report to the Punjab Service and General Administration Department on January 23.
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