Centre not amenable to Sindh’s move to clip Rangers’ powers

Provincial govt may be asked to send fresh unconditional summary

ISLAMABAD:

The federal government has decided not to notify the Sindh government’s summary for conditional extension in powers of the Rangers which has been engaged in a targeted operation in Karachi since September 2013.

The Express Tribune has learnt that the federal government will convey to the Sindh administration that if a fresh summary seeking unconditional extension in Rangers’ powers is not sent, the paramilitary force will be asked to continue its targeted raids in the metropolis.

The Rangers has been vested with special powers in Karachi under which the force can carry out investigations, conduct raids without a warrant and detain suspects for 90 days. These special powers, however, elapsed on December 8.



And the PPP-led government in Sindh, which has been perturbed by the paramilitary force’s action against corruption, referred the matter to the provincial assembly. The legislature passed a resolution on December 16 to clip the powers of the paramilitary force.

Subsequently, a summary was sent to the federal government seeking extension in Rangers’ special powers – but with some restrictions.

Interior Minister Chaudhry Nisar Ali Khan met Prime Minister Nawaz Sharif on Saturday where it was decided that the federal government would not entertain the summary. They also agreed to ask the Sindh government to send a fresh summary without conditions for notification.

Nisar briefed the prime minister on the legal options the federal government will have if the Sindh government refuses to budge. One of the options is that the federal government will ask the Rangers to continue its targeted operations under the previous notifications.

When asked, an official at the Prime Minister House said he was not aware of the Sindh government’s summary, though he confirmed the Karachi situation was discussed in the Nisar-Nawaz meeting.

According to sources, the federal government believes if someone has any issues with the Rangers’ operation in Sindh, then he can move the courts, where the issue of special powers and stay of the Rangers in the provinces would be settled for good.

Nisar and Nawaz also agreed in principle not to bargain with the PPP leadership on Dr Asim Hussain, a formal federal minister and Asif Zardari’s close aide, who is currently under the custody of National Accountability Bureau (NAB) on graft charges, sources said.



The PPP government is said to be trying to use the issue of Rangers’ special powers as a bargaining chip to seek the acquittal of Dr Asim.

The Sindh government – under Article 147 of the Constitution – signed an agreement with the federal government which is the basic principle of the Constitution.

According to the agreement, the province may – with the consent of the federal government – entrust either conditionally or unconditionally to the federal government or its officers, functions in relation to any matter to which the executive authority of the province extends.

As per the agreement/notification, the Sindh government requisitions services of the Sindh Rangers and the federal government in aid of the civil administration.

A legal team has briefed the government that the Sindh government will have to take the agreement to the Sindh Assembly for ratification within 60 days. They said this time before a new agreement with the federal government, Sindh will first ratify it from the assembly and then ask the federal government to issue a notification.

They said the time bar is not mandatory for agreement as the Constitution is silent over the matter. The federal government can ask the Rangers to continue its operations under previous agreement/notifications.

The legal team said that in its 2011 verdict in the Karachi law and order case, the Supreme Court has said the federal government is bound to take actions to improve the situation in the city. They said laws – such as the CrPC, ATA and POPA and others under which the Sindh Rangers is working – are on the concurrent list and it does not require permission from anyone.

Published in The Express Tribune, December 20^th, 2015.