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Thursday March 28, 2024

Sindh government moves to transfer IGP Khowaja again

By Salis bin Perwaiz & Jamal Khurshid
January 03, 2018

KARACHI:The Sindh government has once again attempted to transfer the Inspector General of Police (IGP) Sindh AD Khowaja by writing a letter to the Establishment Division, Islamabad.

The letter written on Dec 30, 2017 says that the Sindh cabinet decided to transfer IGP Allah Dino Khowaja. The cabinet forwarded a three member panel of PSP officers to the federal government. They include Sardar Abdul Majeed, PSP (BS-22), Ghulam Qadir Thebo, PSP (BS-21) and Dr. Kaleem Imam, PSP (BS-21).

The letter also states that, Sardar Abdul Majeed remains the first choice as Inspector General of Police Sindh. However, the federal government may post any one of the officers from the panel as Inspector General of Police Sindh.

By Jamal Khurshid adds: The counsel for petitioner, who challenged the repeal of police order 2002 and transfer of IG Sindh A.D Khawaja in Sindh High Court, on Tuesday sent legal notice to Chief Secretary Sindh for allegedly subverting the High Court’s judgment in the IG Sindh transfer case.

Petitioner Karamat Ali and other right activists and NGOs, had challenged repeal of the 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 action of the Sindh government with regard to transfer of IG Sindh A.D Khawaja.

Sending a legal notice to Chief Secretary for disobeying the court order, the counsel said the SHC had issued detailed directions to the Sindh government and the federal government against the removal of IG Sindh, A.D. Khowaja and the enactment of statutory rules for transfer and posting in the Police at all levels.

He submitted that provincial government in accordance with the SHC’s order is under legal obligation to convene a provincial cabinet meeting and circulate the agenda for removal of IG Sindh, besides giving proper notice to the IG Sindh, which was not followed by the provincial government.

The counsel pointed out that the government has also recommended two officers of grade 21 for the post of IG which is contradictory to the Sindh government’s earlier stance. He asked the chief secretary to ensure the provincial government's letter regarding recommendation of a panel of PSP officers be withdrawn and directions of the SHC be implemented and in case of non-withdrawal he had definite instructions from petitioners to initiate legal proceedings including but not limited to contempt proceedings against Chief Secretary and other relevant persons.

The SHC in its judgment had observed that the post of Inspector General is associated with a term or tenure as set out in the Sindh Government Rules of Business, 1986 which cannot be disobeyed. The court observed that Inspector General,A.D Khawaja is therefore entitled to have the benefit of the term associated with the post.

The court however observed that if the provincial government views the continuation in office of the A.D Khawaja is contrary to the law enunciated by the Supreme Court and constitutes a compelling reason, it must follow the proper procedure in accordance with law.

In another legal notice sent to chief secretary , the counsel asked chief secretary to enact rules on transfers, postings and tenure in police force. He asked the Chief Secretary to ensure the direction of the SHC is implemented by convening cabinet meeting and if it is not implemented he has instructions to initiate legal proceedings against the chief secretary and other relevant persons.