HC orders stay on 5 police officers' dismissal overturn
The Civil Court set aside the police board's decision on the ground that the board does not have the power to dismiss officers.
By
Aishath Fareeha Abdulla
High Court on Monday ordered a stay on the implementation of a Civil Court judgement declaring the dismissal of five police officers, who were among the officers recommended for dismissal by the police board constituted under the new Police Act, as invalid.
The police board, after examining whether commissioned officers of the police are capable of work as mandated by the new Police Act, has recommended to the police commissioner that it sees the removal of seven officers.
When the seven officers were dismissed from service on the basis of the recommendation, five of them approached the Civil Court. The case was decided in favour of them on December 21, 2022.
The five officers include:
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ACP Mohamed Jamsheed
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ACP Ahmed Mohamed
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Chief Superintendent Abdulla Shareef
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Superintendent Ismail Shameem
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Superintendent Mohammad Dawood
The police had moved the High Court challenging the Civil Court's judgement. The police also sought a stay order on the execution of the Civil Court verdict.
The High Court on Monday granted the police request for a stay order on the grounds that a final judgement in the appeal case could have irreparable consequences in the absence of a stay order.
The Civil Court set aside the police board's decision on the ground that the board does not have the power to dismiss officers. Quashing the notices issued to the five officers for dismissal, the Civil Court observed:
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No documents have been submitted to the court to look into the cases of officers
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Though the law empowers the board to decide whether senior police officers are capable of work, it does not give them the power to dismiss officers
On behalf of the police, the state argued that the police board has the power to dismiss officers accused of abuse of power, torture or corruption.
