SC dismisses Sindh appeal against IGP AD Khowaja

LAHORE: The Supreme Court on Thursday dismissed an appeal of Sindh government challenging a decision of the Sindh High Court, which permitted Allah Dino Khowaja to continue as inspector general of police.

Chaired by Chief Justice Mian Saqib Nisar, a three-member bench of the apex court heard the Sindh government's appeals at its Lahore registry. The court also took back its earlier order, passed on January 18, 2018 barring transfer of Inspector General of Police (IGP) AD Khowaja and observed that the Sindh government was entitled to make new laws keeping in view the modern needs and observations made in the impugned judgment of the SHC.

The Sindh government had repealed Police Order 2002 and revived Police Act 1861 and transferred IGP Khowaja. However, some non-profit organisations challenged the act before the SHC. The court had restrained the provincial government from transferring Mr Khowaja and allowed the officer to continue as the IGP.

The government had filed the appeal before the apex court pleading that the provincial government had been facing severe hardships in performing its constitutional obligation of maintaining law and order.

It said the SHC verdict suffered from a grave error of law in as much as the directions were also contrary to the fundamental and well-settled principle of parliamentary sovereignty. In its dismissal order, a three-judge bench of the Supreme Court said, “For the reasons to be recorded later, these appeals having no merit are accordingly dismissed.”

However, the bench said the provincial government could make new legislation in light of observations and guidelines given by the Sindh High Court.

“On account of dismissal of the appeals, order passed by this court restraining transfer of Mr AD Khowaja Inspector General of Police Sindh obviously would not remain in field,” the order concluded. The government’s counsel, Farooq H Naek, had argued that the legislative bodies could not be prevented or restrained from performing their constitutional obligations and carrying out their mandate as exclusively conferred upon them.

The petitioner contended that preventing the provincial government from making an amendment to the rules of business caused a permanent injunction against a legislative body in respect of policy matters.

The counsel said the SHC wrongly reached a conclusion that a bare minimum tenure of “three years” to the post of IGP was to be guaranteed as an obligation and the same could never be reduced.

He further submitted that the federal government’s interference in respect of appointment and removal of the provincial chief of the police violated the basic structure of the Constitution, which guaranteed provincial autonomy.

He asked the court to set aside the impugned judgment of the SHC. Some other individuals had also filed appeals against the decision of the high court.