Sindh deprives IGP of powers to post, transfer senior officers

The Sindh High Court may have allowed AD Khowaja to perform his responsibilities as police chief of the province till further orders, but the provincial government is determined not to let him play an effective role. 

In its latest move to curtail Khowaja’s powers, the government on Friday took away his authority to post officers of BPS-18 and BPS-19.

Last month, the home secretary issued an administrative order for the IGP to seek permission before leaving the headquarters.

Earlier, the government had directed all deputy inspectors general and senior superintendents of Police (SSPs) to inform the chief secretary before leaving their respective stations.

The notification issued by the chief secretary’s office on Friday said the competent authority, i.e. the chief minister, had decided that orders for the transfers and postings of superintendents of police (BS-18) , senior superintendents of police (BS-19) and equivalent officers “shall be issued by the Services, General Administration & Coordination Department with the approval of the Chief Minister Sindh in accordance with Rule 9(2) of the Sindh Civil Servants (Appointment, Promotion & Transfer) Rules, 1974”.

It further said that the order issued on March 9, 2016, which delegated powers the police chief to transfer and post SPs, SSPs and equivalent officers had been “hereby cancelled/withdrawn”.

The differences between the IGP and the government have been persisting for months. The row deepened when Khowaja wrote a letter recently to counter the chief minister’s order that had taken away his powers to grant leave to his subordinates.

On May 30, a letter was issued to IGP Khowaja and the commissioner’s office, in which he was directed to obtain prior permission before leaving the headquarters.

According to the chief secretary’s notification, “I have been directed to refer to earlier directives of the honourable Chief Minister Sindh in the cabinet meeting dated 30 July 2016, (regarding prior permission to be obtained by the field officers for leaving the HQs) and to say that the honourable Chief Minister Sindh has been pleased to direct that all the commissioners, DIGs, deputy commissioners and SSPs shall obtain prior permission from the Chief Secretary Sindh in connection with their leaving the headquarter station and shall also convey such information (of approval of leave) to the Chief Minister’s Secretariat Sindh, Karachi, without fail. It is therefore requested that such information may kindly be communicated to the Chief Minister’s Secretariat at least one day before leaving headquarter.”

A few days later, sources said, Khowaja discussed with his legal team ways to counter the government’s move and sent a letter on June 6, 2017, to the chief secretary’s office with a request to reconsider the orders.

The letter stated: “Please refer to your letter NO.C-III/SG&CD/3-9/2011 (Home) PI.I. dated 01/06/2017 on the subject cited above. I am directed to state that the directives of Honorable Chief Minister, Sindh contained in above referred letter are not in conformity with the existing Police Act, 1861 and Police Rules, 1934. Your attention is drawn to section 4 of Police Act, 1861 which reads as under: The administration of Police throughout a general police-district shall be vested in an officer to be styled the Inspector General of Police, as the Provincial Government shall seem fit.”

According to the letter, the power to grant leave to subordinate police officers has also been defined in the Police Rules 8.9, and any executive directive cannot be in conflict with the rules, which are binding on all public servants/police officers.

“Hence, under Police Rules 1.2, the advice is submitted to review the existing directive and bring it in conformity with the rules to avoid any irregularity. This issues with approval of Inspector General of Police, Sindh,” said the letter.

According to the police rules and legal experts, the orders for the IGP, DIGs and SSPs to seek prior permission were illegal and contradictory to the rules. According to them, the entire province is the jurisdiction of the IGP and he did not need any permission from the chief minister, the chief secretary or the home secretary to visit his jurisdiction.

In May, the Sindh High Court had reserved its verdict in a case pertaining to the appointment of Khowaja.

The court had reserved its verdict after hearing the closing arguments presented by advocate Faisal Siddiqui, the applicants’ counsel, who argued before the divisional bench, headed by Justice Muneeb Akhtar, that there were no grounds for raising objections to the petition.

Siddiqui was referring to the petition filed by Pakistan Institute of Labour, Education and Research chief Karamat Ali, in which it was argued that the government should be held in contempt of court as it had defied a previous high court stay against Khowaja's removal.

In April, the Sindh government had sent Khowaja packing after it appointed another Grade-21 police officer already working in the province in his place.

The government had said it was surrendering Khowaja's services to the federal government and, without waiting for Islamabad’s nod, appointed Additional IG Sardar Abdul Majeed Dasti as provincial police chief till the “appointment/posting of [a] regular incumbent by the Establishment Division”.