SHC tells govt to enact statutory rules for transfers and postings in police

The Sindh High Court on Friday directed the provincial government to enact statutory rules for transfer and posting of the police officers and personnel by May 14.

The direction came at a hearing of a contempt application filed by civil rights activists against the non-compliance with the court directives.

Applicant Karamat Ali and other rights activists submitted that SHC had issued detailed directions to the Sindh government and the federal government in the subject judgment, including the enactment of statutory rules for transfers and postings in the police force at all levels.

The applicant’s counsel Faisal Siddiqui submitted that the provincial government did not implement the court directions with regard to the enactment of statutory rules for the transfers and postings in the police force at all the levels despite the fact that the then IGP had revised and amended the draft rules and sent them to the chief secretary on December 13, 2017.

He submitted that the home secretary had filed a contemptuous report before the SHC on April 17, 2019, without complying with the SHC order and mentioned in the report that standing committee formed to enact the rules for transfers and postings in the police department would not frame rules but instead the Sindh Police Act 2019 would be enacted.

He said that the home secretary had mentioned in the report that such a decision was taken by the committee in light of the Supreme Court’s judgment issued on March 22, 2018. The counsel submitted that the SC had dismissed the Sindh government’s appeal against the SHC judgment which still holds field and the Sindh government is under a legal obligation to implement the directions of the court.

He submitted that the Supreme Court had not issued any direction that the judgment of the SHC shall not be implemented and it contains no such order that an act shall be enacted first and then the rules shall be framed.

Advocate General Sindh Salman Talibuddin said that the chief minister had assured the court that his government would implement the court directives within one month. He said the IGP was also a member of the committee which was working on a new police act.

A division bench headed by Justice Syed Hasan Azhar Rizvi directed the government to enact statutory rules with regard to transfers and postings of police officers and personnel by May 14.

The applicant had filed a contempt of court application against the standing committee members, including the provincial minster of energy and the minister of mines, minerals development, which was taking up the enactment of police rules for transfers and postings of police officers in Sindh, for disobeying the court orders.