IGP Sindh AD Khowaja cancels post-July 7 transfers, postings

Two days after his powers were restored through a historic Sindh High Court verdict, provincial police chief AD Khowaja sprang into action and quashed all transfers and postings ordered by the government since July 7.

According to his orders issued on Saturday, the inspector general of police has revoked all notifications of transfers and postings issued by the provincial government for SSPs and DIGs.

On Thursday, the SHC had set aside the notification and the Sindh cabinet’s approval of Khowaja’s transfer and Sardar Abdul Majeed Dasti’s appointment as IGP in his place, declaring it as contrary to the law and of no legal effect. 

The court also ruled that Khowaja would continue to fulfil his responsibilities as IGP till the completion of his three-year tenure.

Headed by Justice Munib Akhtar, the SHC’s division bench observed that since a proper procedure in accordance with law had not been followed regarding Khowaja’s transfer, the correspondence addressed by the provincial government to the federal government and the follow-up notification of April 1, 2017, were quashed as being contrary to the law and of no legal effect.

The court also declared the provincial cabinet’s endorsement of the transfer order as contrary to the law.

It, however, declared that the legislative competence of police was in the exclusive provincial domain and that the Sindh (Repeal of the Police Order 2002 and Revival of the Police Act, 1861) Act, 2011 was intra vires the country’s constitution. Therefore, the Police Act, 1861, as revived and restored by the said act is the law in force in Sindh, and not the Police Order, 2002. 

In view of the high court’s orders, IGP Khowaja issued three notifications on Saturday. The first notification ordered the formation of a committee for transfers and postings of police personnel.

The order stated that in compliance with paragraph 96 (a) of the high court’s judgment, “a committee comprising following officers is hereby constituted to frame draft rules under Section 12 of Police Rules, 1934, setting out the manner in which IGP Sindh (and/or Police hierarchy acting through him) is to exercise the power of transfers and postings in the Police Force at all levels, including PSP officers serving in the province”.

Dr Aftab Ahmed Pathan, PSP (BS-21), has been appointed chairman of the committee, while the members are DIG Amir Ahmed Shaikh, DIG Imran Yaqoob Minhas, DIG Munir Ahmed Shaikh, DIG Azad Khan, SSP Naeem Ahmed Shaikh and SSP Javed Akbar Riaz. “The rules must be framed in such a manner that they ensure the autonomy of command and independence of operation. The rules must be transparent in form and reality, and fair in operations and effect,” it read.

“The rules must also, inter alia, set out the period or term that is ordinarily to be served at any level and post, so as to ensure that the rules laid down by the Honorable Supreme Court of Pakistan in the Anita Turab case shall apply in relation thereto.”

It said the committee would complete the task by conducting proceedings on a daily basis and submit a draft for the perusal of the IGP within 10 days. In his second notification, the police chief revoked the transfer and posting orders of several police officials, including Additional IG Sardar Abdul Majeed Dasti, who returned to his post of Additional IG Research and Development, and Additional IG Aftab Ahmed Pathan, who took charge of the office of Additional IG Sindh.

The notification said the previous orders now stood withdrawn; therefore, all officers concerned would revert to their earlier positions which they held on July 7, 2017, with immediate effect and until further orders.

The order said in pursuance of paragraph 96 and paragraph 101 of the judgment, the transfers and postings of several police officers had been quashed.