CS sent legal notice for implementation of SHC orders

The counsel of petitioners, who have challenged the Sindh government’s repeal of Police Order 2002 and the transfer orders of police chief AD Khowaja in Sindh High Court, has sent a legal notice to the chief secretary to implement the high court’s judgement ordering the enactment of rules on transfer, posting and tenure in police force.

The petitioner Karamat Ali, other rights activists and non-government organisations, had earlier challenged the government’s repeal of Police Order, 2002, purportedly through the Sindh (Repeal of the Police Order, 2002 & Revival of the Police Act, 1861) Act, 2011, lack of implementation of the Police Order, 2002 and the illegal transfer of Inspector General Police AD Khowaja in the SHC.

In a legal notice sent to the chief secretary, the lawyer Faisal Siddiqui stated that the high court had already issued detailed directives to the provincial and federal government in a September 7 judgement which included a restraining order against the removal of IGP Khowaja and ordered the enactment of statutory rules for transfers and postings in the police force at all levels.

The lawyer stated that through a decision taken on October 28, 2017, the Sindh cabinet returned the draft of Sindh Police (Posting, Transfer and Tenure) Rules 2017 to the IGP asking him to amend the rules in light of recommendations of a committee formed by the provincial government.

According to the lawyer, the police chief revised and amended the draft rules and sent updated ones to the chief secretary on December 13. Under the SHC’s judgement, the provincial government is under a legal obligation to consider the draft rules within 15 days of being submitted.

In the notice, Siddiqui reminded the chief secretary that if no provincial cabinet is held during the 15 days, that would be a violation of the SHC directives. He asked the secretary to ensure that the SHC’s orders are followed in letter and spirit, warning that if no cabinet meeting is held before or on December 28 [today], he has definite instructions from the petitioners to initiate legal proceedings against the chief secretary and other relevant persons in accordance with the law.

Case history

On September 7, the SHC had issued a judgement setting aside a Sindh government notification of transfers and postings senior police officers issued on July 7 as well as all other similar notifications. The court declared the notifications unlawful stating that the authority of transfers and postings of all police officers, including PSP officers, serving in the province rests with the IGP and is to be exercised by him in terms of framed rules or orders.

The court had directed IGP Khowaja to frame the draft rules within 30 days setting out the manner in which he (and/or the police hierarchy acting through him) is to exercise the power of transfers and postings in the police force.

The court had observed that rules must also, inter alia, set out the period or term that is ordinarily to be served at any level/post. The draft rules shall be transmitted to the provincial government (here meaning the provincial cabinet) and also, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police.

The SHC stated that the cabinet must consider the draft rules at its next meeting or a meeting specifically called for such purpose within 15 days (whichever is earlier). The agenda for the meeting must be circulated in advance and the IGP must be invited to attend the meeting. If the rules are approved as proposed, then the same shall take effect from the date of the cabinet meeting.