Stay order on Sindh IGP’s transfer extended for a day

The Sindh High Court on Wednesday extended the interim stay order against the transfer of Sindh Inspect General Police AD Khowaja, observing that he shall continue to work as the province’s IG till April 20.

The court was hearing the petition of rights’ activists and non-government organizations (NGOs) against the repeal of the Police Order, 2002, purportedly through the Sindh (Repeal of the Police Order, 2002 and Revival of the Police Act, 1861) Act, 2011, lack of implementation of the Police Oder, 2002, and the illegal action of the Sindh government with regard to transfer of IG Sindh AD Khowaja.

The court partly heard the arguments of the petitioner’s counsel Faisal Siddiqui who contended that the Police Order, 2002 was repealed by the Sindh government in 2011 by reviving the Police Act, 1861 despite the Police Order, 2002 being protected under Article 142(b) of the constitution.

The counsel submitted that this singular act of the provincial government which resulted in promulgation of the Revival of Police Act, 2011 has no constitutional merit, besides Article 143 provides that where there is an inconsistency between federal and provincial laws, the federal laws prevail; therefore, repeal of federal law by the provincial legislators through the Act, 2011 was direct violation of constitutional provisions.

Sindh Advocate General also submitted a report with regard to appointment of the Sindh IG. The court extending the interim stay order against transfer of Khowaja adjourned the hearing till April 20 for further arguments.

It is pertinent to mention that the Sindh High Court (SHC), on April 3 had suspended the Sindh government’s notifications regarding transfer of IG Sindh Khowaja and appointment of Sardar Abdul Majeed as acting IG and restored Khowaja as the province’s IG.

On April 19th hearing, the SHC ordered AD Khowaja to continue performing his duties as provincial police chief till the announcement of the final verdict.