Sindh govt’s transfer of police officers illegal: SHC

KARACHI: The Sindh High Court on Wednesday ruled that the Sindh government could not surrender the services and postings of additional inspector general of police or deputy inspectors general of police without meaningful consultation of IGP Sindh in terms of Article 13 of the Sindh (Repeal of the Police Act 1861 and Revival of Police Order 2002) (Amendment) Act 2019.

The court also confirmed its interim order with regard to suspension of the Sindh government’s notification on surrendering the services of DIG Establishment and SP Shikarpur to the federal government. The 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 the newly-introduced Sindh Police law and conferment of the power regarding 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 the IGP Sindh.

The SHC’s division bench, headed by Justice Mohammad Ali Mazhar, also held that postings of SP, ASP or DSP shall only be made by the IGP within the parameters of Article 17 of the Police Act, 2019.

The court observed that line of arguments progressed by the advocate general Sindh seems to be mutually destructive that for surrendering the services of AIG and DIG, no consultation was required but later he argued that the services were surrendered with the consultation of IGP Sindh, an assertion denied by the IGP in his letter.

The court observed that if the government will exercise powers under the assumption or guesswork that for surrendering the services to the Establishment Division, Government of Pakistan, consultation with IGP is not required, then this would amount to circumvention and sidestepping the unequivocal provisions of the Sindh Police Act. The court observed that the entire ideology of consultation would be frustrated and redundant.

The court observed that if violation of self-contained provision is allowed to be deflected or repelled at the whims and caprices of government, then it will lead the situation to chaos and as and when any upright officer is found undesirable or unwanted (not involved in misconduct), then the government, instead of adhering to the provisions contained in articles 13 and 17 of the Act or to avoid precondition of consultation due to apprehensive or foreseeable opposition of IGP against the transfer or posting, will directly surrender the services which was tantamount to a situation that what cannot be done directly cannot be done indirectly.

The court observed that Article 13 may not be treated only for inter-provincial postings or transfers but surrendering of services without adverting to meaningful consultative process has direct effect and nexus with transfers and postings. So without meaningful consultation, the services of PSP officers cannot be surrendered. Otherwise, the meticulous provision premeditated and thought out to safeguard the independence of IGP office and its autonomy for running the administration of police in the province effectively, in order to improvise the performance and maintain law and order situation, would be superfluous or redundant.

The court observed that making good laws by the corridors of power in the public interest is virtuous and good deed but if laws are not implemented in its letter and spirit with the interest of some improvements and or revamping or restructuring any institution, then situation obviously leads to lawlessness and turmoil affecting public at large.

The court confirmed its interim order with regard to suspension of government notification on surrendering the services of DIG Establishment and SP Shikarpur with directions that no decision of surrendering the services and posting of AIG or DIG shall be made without meaningful consultation of IGP Sindh in terms of Article 13 of the Police Act. The court also held that postings of SP, ASP or DSP shall only be made by the IGP within parameters of Article 17 of the Police Act, 2019.

Petitioner's counsel Faisal Siddiqui referred the letter of IGP Sindh conveyed to chief secretary on December 10 pointing out that sudden and unplanned surrender of these officers came as a surprise and has not only affected police working but has also created an environment of uncertainty among 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 the IGP Sindh came to know about the surrendering of services of his officers through 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 the IGP Sindh also mentioned the judgment of SHC in which it was held that IGP must have independent control in so far as the postings and transfers are concerned and the judgment was also upheld by the Supreme Court. 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.

Advocate General Sindh argued that articles 13 and 17 of the Police Act are only related to inter-provincial transfers of PSP and the present case was not related to inter-provincial transfer but relates to surrendering the services of DIG and SP to the Establishment Division and requested the court to dismiss the application as petitioners were not aggrieved persons.