CS sent notice to obey court orders in IGP transfer case

karachi: The chief secretary has been sent a legal notice to implement the Sindh High Court’s (SHC) as well as the Supreme Court’s orders in the transfer case of the provincial police chief.

Petitioner Karamat Ali and other rights activists and NGOs had challenged the 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 alleged illegal action of the Sindh government with regard to the transfer of IGP AD Khowaja.

The SHC had issued detailed directions to the Sindh and federal governments in its judgment, which included but was not limited to a restraining order against Khowaja’s removal as well as the enactment of statutory rules for transfer and posting in the police force at all levels.

Sending a legal notice to the CS, the petitioner’s counsel Faisal Siddiqui said that on March 22 the top court had dismissed the provincial government’s appeal against the SHC’s judgment in the IGP transfer case.

The counsel said the SC had observed that the Sindh government would be entitled to make new laws in line with modern needs and also keeping in view the observations made in the high court’s verdict.

He told the court that after the dismissal of the Sindh government’s appeal, the SHC’s September 7 judgment had been completely upheld, including but not limited to the fact that the autonomy of command and independence of operations of the IGP could not be violated, and his tenure of at least three years could not be violated.

He said Khowaja could not be removed from his post except in accordance with the procedure and for the reasons given in the SHC judgment, adding that transfers, postings and tenures are the domain of the police chief, and the rules for them had to be enacted in accordance with the binding advice of the IGP.

He also said the Sindh government was entitled to enact new police laws but they were subject to two restrictions: they should be in line with modern requirements and, more importantly, they should be in line with the observations and findings of the SHC judgment.

Siddiqui said that although the restraining order issued by the SC with regard to the IGP’s transfer was no longer in force, since the top court had upheld the SHC’s judgment, any transfer of the police chief was to be in accordance with the reasons and procedures laid down by the high court.

He asked the CS to ensure that the direction of the SHC as well as that of the top court was complied with in letter and spirit, warning that violation of court orders would lead to contempt proceedings against him and other relevant people in both the courts.

In its September 7 judgment, the SHC had quashed the transfer and posting notification of senior police officers issued on July 7 and all similar notifications as unlawful, saying the power of transfer and posting of police officers at all levels and inclusive of PSP officers serving in the province vested in the IGP and was to be exercised by him in terms of rules or orders to be framed under.

The court had directed the IGP to frame draft rules within 30 days, setting out the manner in which he or the police hierarchy acting through him was to exercise the power of transfer and posting in the police force at all levels, including PSP officers serving in the province.

The SHC observed that the rules must also, among other things, set out the period or term that was to be ordinarily served at any level or post so as to ensure that the rule laid down by the Supreme Court in the Anita Turab case should apply in relation thereto.

The court said the draft rules should 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, that is on their home page.

The SHC observed that the provincial cabinet must consider the draft rules at its next meeting or a meeting specifically called for such purpose within 15 days, whichever was earlier.