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February 25, 2020

SHC orders status quo on transfer of Umerkot SP

Top Story

February 25, 2020

KARACHI: The Sindh High Court on Monday directed federal and Sindh governments to maintain status quo on transferring Umerkot SP till further orders.

The interim order came on a petition of Bansi Lal Malhi who moved court against the transfer of SP Umerkot Ijaz Ahmed Sheikh by the federal government without meaningful consultation with Sindh government. The petitioner's counsel Salahuddin Ahmed submitted that SP Umerkot was transferred from his post by the section officer of Establishment Division on December 9, 2019 without the consent of the provincial government in violation of the Supreme Court judgment and procedure of SPS police officers appointment and transfers.

He submitted that the Sindh government has directed the police officer to not relinquish the charge and continue working on his post. He submitted that it is a settled principle that both the provincial and federal governments have to decide the appointment and transfer of the police officer with mutual consent and the tenure of the police officer must be respected as protected by the Supreme Court in Anita Turab case. He submitted that the provincial government was not taken in confidence by the federal government and the transfer of the officer and subsequent disciplinary proceedings for not obeying the order was unlawful and need to be struck down. He submitted that transfer of the police officer was also in violation of the provincial election commissioner which has restrained the transfer and posting of the government officers where the by-poll has been scheduled for the provincial assembly constituency PS-52 Umerkot. The court was requested to set aside the transfer notification and subsequent inquiry against the police officer as the same was in violation of the law.

The SHC’s division bench headed by Justice Nadeem Akhtar after preliminary hearing issued notices to federal and provincial law officers, IG Sindh, secretary establishment and others and sought their comments on March 12. The court in meantime directed federal and provincial governments to maintain the status quo till the next date of hearing.