IHC directs for implementation of provisions of Police Order 2002

ISLAMABAD - The Islamabad High Court (IHC) Wednesday directed Inspector General (IG) of Islamabad police, Commissioner Islamabad and the Secretary Ministry of Interior to ensure the implementation of the provisions of the Police Order, 2002 in the capital. 

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the matter and also directed the respondents to appear in person in case related to the Police Order, 2002, which had come into force with effect from 06-08-2015. 

During the hearing, the Deputy Attorney General appeared along with Waqas Ali Khan, Section Officer (ICT), Ministry of Interior and Muhammad Riaz, Inspector, Islamabad police. 

The court asked from them to justify the failure on part of the federal government and the Islamabad Capital Territory administration to implement the provisions of the Police Order, 2002. They were also asked to justify the legality of the present set up of the Police Department of the Islamabad Capital Territory because it appears to be in violation of the Police Order, 2002. 

Justice Athar noted that subsection (3) of section 1, explicitly provides that the Police Order, 2002 shall come into force in the Islamabad Capital Territory on the date the local government assumes office in the said territory. 

“Admittedly, the Local Government Act, 2015 was promulgated and notified on 06-08-2015. The Police Order, 2002 had thus come into force by operation of law on 06-08-2015,” added the IHC CJ. 

He also said, “The officials who have appeared today along with the learned Deputy Attorney General were not able to give any plausible explanation for refusing to implement and follow the provisions of an enforced statute i.e. the Police Order, 2002.” 

The Deputy Attorney General stated that he needs time to further assist this Court. At this, Justice Athar noted that sub section (3) of section 1 is unambiguous and, therefore, the Police Order, 2002 had come into force by operation of law with effect from 06-08-2015. 

The bench said that it is a statutory obligation of the respondents to strictly comply with the provisions of the Police Ordinance, 2002. The non-compliance with the provisions of an enforced statute is likely to prejudice the enforcement of fundamental rights of the citizens. 

Later, the court deferred the hearing in this matter till December 30 for further proceedings.

 

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