SHC seeks reports on implementation of its orders
Court had directed IG to frame draft rules regarding transfer, posting and tenure of cops
A file photo of Karachi police. PHOTO: AFP
KARACHI:
The Sindh High Court (SHC) asked on Thursday the provincial advocate-general to seek instructions from the government regarding implementation of the court’s judgment in relation to enactment of rules regarding transfer, posting and tenure in the police force.
A two-judge bench, headed by Justice Munib Akhtar, told the government law officer to seek such instructions and place them before the court by November 30.
The judges had taken up an application moved on behalf of civil society representatives, seeking the implementation of court orders for the enactment of rules regarding transfers, postings and tenures in the police force.
The applicants, including Karamat Ali and others, recalled that in its September 7 judgment the SHC had quashed the notification regarding the transfer and posting notification of senior police officers issued on July 7, 2017, and all similar notifications as unlawful.
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They argued that the court had quashed those notifications because such powers for transfers and postings of police officers at all levels, inclusive of Police Service of Pakistan officers serving in the province, are vested in the inspector-general of police and were to be exercised by the top cop in terms of rules or orders to be framed.
The judges were told that the court had directed the provincial police chief to frame draft rules within 30 days setting out the manner in which he (and/or the police hierarchy acting through him) was to exercise the powers of transfers and postings in the police force at all levels.
The court had observed that the rules must also, inter alia, set out the period or term that is ordinarily to be served at any level or post so as to ensure that “the rules laid down by the Supreme Court in the Anita Turab case shall apply in relation thereto,” the applicants’ lawyer, Faisal Siddiqui said.
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He added the court had further observed that the draft rules shall be transmitted to the provincial government, meaning the Sindh Cabinet, and, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police.
The lawyer alleged that the Sindh Cabinet did not implement the judgment in letter and spirit, adding that instead it tried to remove the provincial inspector-general in order to delay and avoid the enactment of draft rules framed by the police chief.
Therefore, the court was pleaded to direct the chief secretary and Sindh inspector-general of police to file a report regarding implementation of the court’s direction in relation to the enactment of rules regarding transfer, posting and tenure in the police force.
After initial hearing on the plea, the bench issued notices on Thursday to the advocate-general with direction to seek instructions from the government in this regard. The law officer was further told to inform the court about the instructions on November 30.
The Sindh High Court (SHC) asked on Thursday the provincial advocate-general to seek instructions from the government regarding implementation of the court’s judgment in relation to enactment of rules regarding transfer, posting and tenure in the police force.
A two-judge bench, headed by Justice Munib Akhtar, told the government law officer to seek such instructions and place them before the court by November 30.
The judges had taken up an application moved on behalf of civil society representatives, seeking the implementation of court orders for the enactment of rules regarding transfers, postings and tenures in the police force.
The applicants, including Karamat Ali and others, recalled that in its September 7 judgment the SHC had quashed the notification regarding the transfer and posting notification of senior police officers issued on July 7, 2017, and all similar notifications as unlawful.
Sindh police witnesses massive reshuffle in hierarchy
They argued that the court had quashed those notifications because such powers for transfers and postings of police officers at all levels, inclusive of Police Service of Pakistan officers serving in the province, are vested in the inspector-general of police and were to be exercised by the top cop in terms of rules or orders to be framed.
The judges were told that the court had directed the provincial police chief to frame draft rules within 30 days setting out the manner in which he (and/or the police hierarchy acting through him) was to exercise the powers of transfers and postings in the police force at all levels.
The court had observed that the rules must also, inter alia, set out the period or term that is ordinarily to be served at any level or post so as to ensure that “the rules laid down by the Supreme Court in the Anita Turab case shall apply in relation thereto,” the applicants’ lawyer, Faisal Siddiqui said.
Police 'encounters’ in Karachi need to be thoroughly investigated: SHC
He added the court had further observed that the draft rules shall be transmitted to the provincial government, meaning the Sindh Cabinet, and, to ensure transparency, posted simultaneously and prominently on the website of the Sindh Police.
The lawyer alleged that the Sindh Cabinet did not implement the judgment in letter and spirit, adding that instead it tried to remove the provincial inspector-general in order to delay and avoid the enactment of draft rules framed by the police chief.
Therefore, the court was pleaded to direct the chief secretary and Sindh inspector-general of police to file a report regarding implementation of the court’s direction in relation to the enactment of rules regarding transfer, posting and tenure in the police force.
After initial hearing on the plea, the bench issued notices on Thursday to the advocate-general with direction to seek instructions from the government in this regard. The law officer was further told to inform the court about the instructions on November 30.