SHC suspends Sindh government’s notification on surrendering services of DIG, SP

KARACHI: The Sindh High Court on Monday suspended the Sindh government’s notification on surrendering the services of DIG Establishment and SP Shikarpur to the federal government till further orders.

The interim order came on an application against surrendering the services of DIG Establishment Khadim Hussain Rind and SP Shikarpur Dr. Mohammad Rizwan Ahmed Khan to the federal government without the consultation and knowledge of IGP Sindh.

Petitioner Jibran Nasir and others, who challenged the vires of newly-introduced Sindh Police law and conferment of power on transfers and postings of police officers to the chief minister, submitted in the application that the chief secretary had transferred the police officers without the consultation and knowledge of IGP Sindh.

Petitioner's counsel Faisal Siddiqui referred the letter of IGP Sindh, sent to chief secretary on December 10, pointing out that sudden and unplanned surrender of these officers came as a surprise and had not only affected police working but had created an environment of uncertainty among the police officers. The counsel submitted that the IGP mentioned that such decisions have demoralized the police force and undermined the command of IGP.

He submitted that IGP Sindh came to know about surrendering of services of his officers through the media and the IGP Sindh was of the view that such transfers had happened at a time when his office was making a sincere effort to avoid frequent transfers and provide a reasonable tenure to officers serving on different field and staff assignments.

The counsel submitted that IGP Sindh also mentioned the judgment of the SHC in which it was held that the IGP must have an independent control on postings and transfers on which judgment was also upheld by the Supreme Court. He referred the Article 13 of Sindh (repeal of the police Act 1861 and revival of police order 2002) (Amendment) Act 2019 in which it was clearly provided that the government may post such number of additional inspectors general of police and DIGs to assist the IG and AIGs as the case may be.

He submitted that the letter of IGP Sindh to chief secretary reflected that no consultation or discussion was ever made with the IGP, otherwise there was no occasion to show such surprise by him in his letter. He also referred to Article 17 of the law which provides that postings of SP, ASP and DSP shall be made by the IG and term of office of SP, ASP or DSP shall be as may be prescribed. The counsel submitted that police officers may be transferred before completion of term of office in case exigency of service or on grounds of misconduct and inefficiency which warrant major penalty under the relevant rules however no such exigency or circumstances have been pointed out in the impugned notifications whereby the services of DIG Establishment and SP Shikarpur were surrendered to the federal government nor the IG Sindh in his letter has shown any concern against the two police officers. He requested the court to cancel notification with regard to surrendering the services of police officers to the federal government.

The additional advocate general waived notice on the application and sought time to file comments on the application. The court in meantime suspended the operation of the notifications with regard to surrendering the services of DIG Establishment Khadim Hussain Rind and SP Shikarpur Dr. Mohammad Rizwan Ahmed Khan to the federal government and adjourned the hearing till December 24.