9 hours Ago By Shahid Rao
ISLAMABAD - The Islamabad High Court (IHC) Tuesday declared the appointment of more police officers in the Federal Investigation Agency (FIA) against the prescribed posts as “breach” of the rules. A single bench of IHC comprising Justice Babar Sattar announced the verdict in different petitions filed by Rizwan Aslam, Shahid Habib and others through their counsels Sanaullah Khan Advocate and Abdul Rauf Qureshi Advocate. The IHC bench mentioned in the written order that the moot point is whether Police Service of Pakistan (PSP) can be granted posts within Federal Investigation Agency (FIA) in addition to the posts prescribed to be filled by PSP in accordance with the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 (“PSP Rules”).
It added that an opportunity was provided to the respondents to assist the Court as to how PSP can be granted posts beyond the number of posts prescribed to be filled by PSP under the PSP Rules. IHC summons IGP Islamabad in petition challenging illegal detention of a person The Assistant Attorney General assisted the Court and submitted that the letter dated 14.03.
2024, that has been impugned in the petition, is not in the nature of an order declaring that twenty five percent of the posts are to be filled by PSP. He added that it was more for purposes of consultation that the letter had been issued and such letter had been issued to suggest that fifty percent of all posts in FIA be filled by PSP. The counsel for the petitioners submitted that the PSP Rules have not been amended and without the amendment of such Rules there is no basis for the respondents to conclude that fifty percent of the posts can be filled by PSP within FIA or to withhold such posts for PSP officers.
He further submitted that the second prayer of the petitioner was that a Departmental Promotion Committee (DPC) be held to fill the vacant posts in FIA. He submitted that the matter came before another Bench of this Court in Babar Shaheryar vs. Secretary Ministry of Interior and others (Writ Petition No.
3680 of 2023), which was disposed of by order dated 21.10.2024 along with the direction that DPC be held within a period of sixty days.
Chairman CDA directs to expedite work on food street, pedestrian tracks He further submitted that such period has already passed but DPC has not been convened. The representative of FIA, present before the court, submitted that the date for convening the DPC is yet to be fixed but the diligence process for purposes of carrying out such DPC is under way. Justice Sattar noted in his judgment that this Court is in agreement with the arguments of the counsel for the petitioner that posts within FIA cannot be filled by PSP officers in breach of the PSP Rules.
He added, “The PSP Rules very clearly prescribe that twenty five posts within the relevant cadre will be filled by PSP officers and the number twenty five cannot be read as a percentage of the total posts as that would be causing serious injury to the manner in which the PSP Rules have been written.” “Consequently, while filling the posts in FIA, the Federal Government is bound by the PSP Rules to the extent that it wishes to post PSP officers against vacant posts in FIA,” added the judge. NUML students set to depart for Turkiye under student exchange program He continued that the issue of convening of the DPC has already been adjudicated by this Court in Babar Shaheryar by order dated 21.
10.2024, in which a direction was issued that DPC be convened within a period of sixty days. The judge said that by not convening such DPC, the concerned officials within the Ministry of Interior as well as FIA may have rendered themselves liable to be proceeded against for contempt of Islamabad High Court’s order in Babar Shaheryar and, if so advised, the petitioner can initiate appropriate proceedings for such purpose.
He further said that as the matter of convening of the DPC has already been adjudicated, this Court need not issue any fresh directions for such purpose. He concluded that these petitions are allowed in the above terms. Tags: ihc declares appointment police.
