Court ruling to help police work as autonomous force in Sindh

Restoration of power to the IG could mean better governance, accountability

KARACHI: Allah Dino Khawaja will be the second inspector-general of police out of his 57 predecessors to not only complete his tenure but to perform while retaining full authority of the police department.

This feat has been made possible by the Sindh High Court (SHC), which recently granted the IG implied autonomy to run the police force.

Legal experts and civil society members believe that if successful, this will prove to be milestone in the province where they believe good governance and a sense of accountability has diminished.

On September 7, a two-judge SHC bench ruled that IG Khawaja must complete his three-year tenure, as prescribed in the Sindh government’s Rules of Business of 1986.

The court also annulled the Sindh government's move to unilaterally surrender IG Khawaja's services to the federal government and give additional charge of his post to Additional IG Sardar Abdul Majeed Dasti without waiting for the Centre's response.

Since 1971, a total of 57 inspector-generals have been appointed. But, only one officer, Arbab Hidayatullah, stayed on the post for more than three years. An officer from the Police Service of Pakistan (PSP), he was appointed as IG on September 30, 1977 and served till November 1, 1983. The minimum tenure of three years was fixed for the heads of any provincial government department in the Rules of Business of 1986.



Unfortunately, 46 IGs appointed after the tenure was fixed were sent packing before completing their term by both military regimes and civilian governments, including the Pakistan Peoples Party (PPP), which is in power in the province for the fourth time.

Continuing the practice, the PPP-led provincial government first sent the IG on 'forced' leave in December, 2016. However, civil society took the matter to the SHC, which granted a stay.

Later, on April 1, the government surrendered his services to the federal government without any cogent reason and gave additional charge of the IG's post to one of its alleged favourites, Dasti, without waiting for Islamabad's response.

Legal experts believe that the SHC's ruling was long awaited.

A senior Supreme Court lawyer, Abrar Hasan, said the high court's verdict was based on the judgment passed by the SC in the famous Anita Turab case in 2012. The apex court had held that removing government department heads without the completion of their tenure was wrong and that the officers should be allowed to complete their terms.

"In the light of the Rules of Business of 1986, the minimum length of the IG's tenure is at least three years. So, the incumbent AD Khawaja must be allowed to serve on the post till the completion of his tenure," Hasan argued.



The court also ruled that the IG may exercise his full authority in the transfer and postings of police officers, besides looking after operations and other matters in the police force.

Advocate Hasan said that being the head of the police force, the IG could exercise all the duties and rights of his post that had been provided in the Police Act, 1861.

The Sindh government had argued that it had been empowered to appoint the head of the police force under the 18th Amendment, which had transferred various subjects, including law and order, from the Centre to the provinces.

Advocate Hasan said the Sindh government could still perform its monitoring role and exercise its right to remove the IG if he was overstepping his limits or was found to be involved in any wrongdoing. "The provincial government can issue a show-cause notice to the IG in case of his involvement in any wrongdoing, can hold an inquiry and recommend to the federal government to remove the officer. However, such recommendation should be substantiated by a cogent reason," he added.

Hasan’s views were endorsed by another Supreme Court lawyer, Muhammad Farooq, who said the matter of the IG's appointment was a consultative process between the federal government and province, as the police chief was the Centre's representative, like the governor.



"The IG is the head of the police force and will independently look after the matter under the laws and rules," said Farooq on the role of the IG. Appreciating the court's verdict, he said voices had long been raised to let the police force work independently from political influence and allow the IGs to complete their tenures, as political appointments of IGs had led to a terrible law and order situation.

"An IG should work without any pressure, fear or political inclination so that he brings change to law and order and the police, being an independent force, are able to perform their duties," the lawyer said. He believed that efficient working of the police department will lessen the burden of the Rangers in the province.

Advocate Farooq said the IG could not go against the law or rules, which are very much present. "If the IG goes against the law or rules it can be challenged in the court," he added.

However, a former provincial advocate-general said gaps in the administration had led to the court's judgment and stressed the need for legislation to fill the legal loopholes.

"One aspect of the case relates to legislative competence, which is absolutely the right of the provincial legislature to make laws," he said, requesting anonymity.



He believed that the Police Act of 1861, which was enforced by the provincial assembly by repealing the Police Order, 2002, had gaps in it, being an almost 160-year-old law.

Commenting on the court's judgment, the former advocate-general believed that the high court was trying to fill those gaps, since the legislature had not done so.

However, the lawyer believed that a ‘balance’ should be maintained between the provincial executive and police department. "The police force needs autonomy, but since maintaining law and order is the responsibility of the provincial government, therefore, it should be a collaborative process."

In Sindh, the police department seems to be facing a serious administrative crisis, as 13 IGs were changed without completing their tenure since former president General (retd) Pervez Musharraf's regime repealed the Police Act 1861 and replaced it with the modern Police Order, 2002.

The provincial government's former top law officer said this state of affairs had probably led the court to bar any move from the provincial government to reduce the IG's tenure by amending the Rules of Business.



Sources said the PPP-led provincial government was not happy with Khawaja, as he refused to obey their directives regarding recruitments in the police and other matters.

Even after the SHC stayed his removal from the post, the government had started to corner the IG by not inviting him to official meetings and withdrawing powers of transferring and posting senior officers.

As a last resort, the sources said the government was planning to reduce the IG's tenure by amending the law.

"It's better for the government to do necessary legislation to fill the gaps in the laws and there should be a better collaborative relationship between them. This doesn't mean to shift the balance on either side. If the government makes massive reshuffles to its benefit, the IG can also do the same," the former AG argued.

"The government is also an important stakeholder, as the elected representatives are responsible for running the departments and the chief minister is answerable to the legislature, which is the custodian of the public's votes."

"In a democratic society, if an elected government does not have control of its departments, then its role is reduced to that of a post office," he added.