ISLAMABAD: The Supreme Court (SC) on Thursday maintained the service of AD Khawaja as Inspector General of Sindh Police with full powers of positing and transferring officials in the provincial police department and restrained the federal government from taking any step regarding the post of IG Sindh.
A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar also admitted for hearing the appeal, filed by the Sindh government against the order of Sindh High Court.
The Court upheld the decision of Sindh High Court and directed that Allah Dino Khwaja will continue as the Provincial Police Chief with the ruling that he will exercise his powers of posting and transfers of the officials in the provincial police department.
The court also restrained the federal government from taking any step regarding the matter of appointment of Provincial Police Chief.
Chief Justice Mian Saqib Nisar said that any step of the federal government will have no importance. He also said that the appointment for the slot of Provincial Police Chief will be conditional to the ruling of the Supreme Court while steps of both the federal and provincial governments regarding changing of Provincial Police Chief will be deemed suspended as well.
Appearing on notice, Farooq H Naik, counsel for Sindh government submitted before the court that the Sindh High Court had declared Sindh Police Act 2001 as constitutional, empowering AD Khawaja to make posting and transfers in the provincial police department.
The CJ observed that the learned Sindh High Court has delivered a beautiful verdict and worth reading for two-three times. The counsel for the provincial government contended that the learned Sindh High Court even given the relief which was not sought by the petitioner.
He further contended that the High Court has no jurisdiction to take suo moto notice. “But we have the jurisdiction of suo moto,” Chief Justice replied to the counsel.
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