SC throws out IG’s no-confidence plea

Provincial police chief had expressed reservations about one of the judges on the bench.


Our Correspondent March 10, 2016
The Supreme Court of Pakistan. PHOTO: TMN

KARACHI: The Supreme Court (SC) threw out on Thursday an application filed by Sindh IG Ghulam Hyder Jamali expressing ‘no confidence’ in one of the apex court’s judge.

The three-member bench, headed by Justice Amir Hani Muslim, was hearing cases on withholding of funds meant for police investigations and corruption in appointments in Sindh Reserve Police. Two separate inquiries - conducted by a three-member, court-appointed committee and the National Accountability Bureau - had held the provincial police chief and other officers responsible for corruption.

During Thursday proceedings, the apex court took up the IG’s application, which he had filed on Wednesday after the bench asked the provincial government to take action against him or it would pass appropriate orders in the light of the inquiries against him.

In his plea, the IG said he had apprehensions as the court had constituted on December 23, 2015, a three-member committee of police officers without his consent. Jamali said he did not expect justice from the bench.

The bench observed that it was discretion of the judge whether or not to proceed with any matter in whom no-confidence was expressed by any party. It further observed that if the practice is allowed to continue, it will lead to no decisions in any case.

The bench observed that if any of the parties appearing in court make an irresponsible statement, then the courts will have to pass appropriate orders. Dismissing the IG’s application, the bench directed him to file a review application, which will be taken up and an order will be passed in accordance with the law.

Charges against IG

A member of the inquiry committee, AIG Sanaullah Abbasi, said that they found Jamali and Finance AIG Fida Hussain Shah involved in unfair distribution of funds meant for the police investigations wing.

The judges were shocked to learn that police funds are still being transferred in the form of hard cash instead of bank transfers through cheques. AIG Sultan Khawaja, another member, stated that there was no proper mechanism for funds’ distribution in the police department, thus the amount was being distributed among the favourites, which was the reason of misappropriations at massive level.

AIG Abbasi said irregularities were committed in appointments of police constables and junior clerks, as many did not meet the criteria, including inductions of over-aged persons. The bench directed him to submit final reports by the next date.

The judges came down hard on him and questioned why he did not complain to the anti-corruption department once these irregularities were brought to his knowledge.

The bench summoned former home secretary who had recommended release on parole of seven life convicts, including four convicted in kidnapping cases and released before serving their terms in jail. This matter will be taken up at the next hearing.

Published in The Express Tribune, March 11th, 2016.

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