Centre-Sindh row: IGPs’ appointments creating unusual stir

ISLAMABAD: Contrary to the ongoing intense Sindh-Centre wrangle over the change of provincial Inspector General of Police (IGP), frequent appointments of chief cops of Punjab and Khyber Pakhtunkhwa (KP), ruled by the Pakistan Tehreek-e-Insaf (PTI), have been made without any clamour during the past eighteen months.

The Sindh government under the Pakistan People’s Party (PPP) has not seen many IGPs during its present tenure. Even Dr Syed Kaleem Imam whom it aggressively wants to be changed now is working in this position since September 2018, which is quite a long period compared to the terms of his counterparts in Punjab and KP.

Since the PTI coalition government came in place in August 2018, as many as four IGPs have been transferred in Punjab while the fifth one was posted in November 2019. Similarly, the KP has got its fourth IGP during this period.

All the IGPs had their tenures ranging from one to eleven months. Every time, they were sidelined in the wake of a severe controversy. But their replacements were nominated without any hassle because the same party ruled the Centre and the two provinces.

In Punjab, IGP Muhammad Tahir Khan could serve just for one month from September to October 2018. When he was suddenly transferred, reputed retired police officer Nasir Durrani, who was heading a provincial commission to recommend reforms in police, also quit under protest.

Kaleem Imam could survive as the Punjab IGP only for three months from June to September 2018. Amjad Javed Saleemi, however, served in the majority province for six months from October 2018 to June 2019. Capt (R) Arif Nawaz Khan worked for sevaen months from June 2019 to Nov 2019.

In KP, Muhammad Tahir Khan remained IGP for three months from June to September 2018. Respected Salahuddin Mehsud worked for five months from September 2018 to February 2019. However, Muhammad Naeem Khan served for 11 months from February 2019 to January 2020. The new IGP, Sanaullah Abbasi, was appointed during the current month.

The discussion on appointing a new IGP for Sindh in the federal cabinet meeting is unique because this is just an administrativenomination that doesn’t require such debate.

It has been officially stated that the issue of nominating the new IGP of Sindh came under discussion in the last cabinet meeting in which the allied parties objected to the panel sent by the Sindh government.

In the Anita Turab case, the Supreme Court had laid down the principles to save the government servants from politicization. One of them was that appointments, removals and promotions must be made in accordance with the law and the rules made thereunder.

Where no such law or rule exists and the matter has been left to discretion, such discretion must be exercised in a structured, transparent and reasonable manner and in the public interest.

Another principle is that when the ordinary tenure for a posting has been specified in the law or rules made thereunder, it must be respected and cannot be varied, except for compelling reasons, which should be recorded in writing and are judicially reviewable.

The third principle is that civil servants owe their first and foremost allegiance to the law and the Constitution. They are not bound to obey orders from superiors which are illegal or are not in accordance with accepted practices and rule based norms. Instead, in such situations, they must record their opinion and, if necessary, dissent.

Yet another principle is that officials should not be posted as officer on special duty (OSD) except for compelling reasons, which must be recorded in writing and are judicially reviewable.

If at all an officer is to be posted as OSD, such posting should be for the minimum period possible and if there is a disciplinary inquiry going on against him, such inquiry must be completed at the earliest.

The apex court had said that although it is conscious that such matters relate to decision making and administration of the machinery of the State, the court has recognised the need for ensuring that decision making in relation to tenure, appointments, promotions and transfers remains rule based and is not susceptible to arbitrariness or absolute and unfettered discretion.

Under the Supreme Court’s direction, the copies of the judgement were sent to the establishment secretary, provincial chief secretaries, the Islamabad Chief Commissioner and all federal and provincial secretaries.

However, generally this landmark judgement has been overlooked by the concerned authorities as the apex court never followed it up.