Monday July 04, 2022

Repatriation of 32 cops: SHC suspends administrative order of IG Sindh

May 21, 2022

KARACHI: The Sindh High Court suspended an administrative order of Inspector General of Sindh Police (IGP) taken in the light of Supreme Court order regarding the repatriation of police officers to their parent departments and directed the police authorities to submit their comments on the issue.

The former IGP Sindh Mushtaq Mahar on April 29, 2022 following the verdict of the Supreme Court; repatriated 32 police officers of different ranks working in Sindh Police to their parent departments, provinces and units at their original ranks. These officers challenged the order of IGP Sindh at the Sindh High Court, which suspended the order of IGP Sindh.

Most of these officers are employees of the Islamabad Police, while some belonged to the Railways Police and Balochistan Police, who were absorbed in Sindh Police at different times.The Supreme Court in criminal original petition 89/2011 and review petition 193/2013 had declared all the inductions of government employees to other departments other than their parent departments including police department as illegal and unconstitutional in 2011 and 2013 and had directed all the federal and provincial departments to repatriate the employees to their parent departments at original positions.

Previously the same police officers also had approached the Sindh Service Tribunal (SST) for their promotions but the SST while rejecting their plea questioned about their induction in Sindh Police. On the other hand, Advocate General of Sindh and Sindh law department also officially opposed the stance regarding their induction and subsequent promotions of these officers.

The affected police officers before the Sindh High Court through their lawyer took stand that with the consent of IGP Islamabad and IGP Sindh their services were transferred to Sindh Police in 1998 and entire police establishment under the Police Act 1961 and Police rules 1934 are liable to and are legally empowered for police duty anywhere within the province and that is why the concurrence was given for their transfer from one police force to another police force is legal and in consonance of the Supreme Court judgement.

Police officers told the court that IGP Sindh is not empowered to make correspondence with the federal government under Section 12 of Police Act without the concurrence of Sindh home secretary.

On the other hand, a senior officer of Sindh Police supporting the action of IGP Sindh told this

reporter on the condition of not to be named that police establishment of each province is governed through Police Rules 1934.

The same officer concluded that as per prevailing rules, IGPs can only transfer officials from his province to the other with or without the concurrence of the IGP where the officer is to be transferred. The order issued by the IGP Sindh is in pursuance of the judgments of the Supreme Court and Sindh Service Tribunal.

According to the judgments, their transfers are alien to the prevailing laws and rules, hence void ab initio. The present order is an intimation of withdrawal of an illegal and irregular arrangement made in the past.