Irate SHC seeks implementation report from additional home secretary

Bench was hearing application seeking implementation of orders for enactment of rules regarding transfers, postings

KARACHI: The Sindh High Court (SHC) directed the provincial additional secretary for home affairs to appear on December 10, along with a report regarding implementation of the court's order to enact rules for the transfers and postings in the police department.

A two-judge bench, headed by Justice Munib Akhtar, expressed its displeasure over the failure of the additional home secretary in filing the implementation report despite issuance of a notice and granting of time on November 23.

The bench was hearing 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 notifications regarding the transfers and postings of senior police officers issued on July 7 as unlawful.

They argued that the court had quashed those notifications because such powers for transfers and postings of police officers at all levels, including those of Police Service of Pakistan officers serving in the province, are vested in the inspector-general of police and should 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 were 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 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.

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 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 transfers, postings and tenure in the police force.