SHC seeks detailed reply on contempt of court plea against CM, chief secretary

Bench directs provincial advocate-general to submit a reply by February 20

Naeem Sahoutara February 14, 2018

KARACHI: The Sindh High Court (SHC) sought on Tuesday a detailed reply on an application seeking contempt of the court’s order proceedings against the provincial chief minister (CM) and chief secretary over alleged non-implementation of the court’s judgment in relation to enactment of rules regarding transfers, postings and tenures in the police force.

A two-judge bench, headed by Justice Munib Akhtar, told the provincial advocate-general to submit a reply on behalf of the chief secretary by February 20.

The judges had taken up an application seeking contempt of the court’s order proceedings against CM Murad Ali Shah and Chief Secretary Muhammad Rizwan Memon for allegedly failing to implement the court’s earlier orders for the enactment of rules regarding the 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 transfer and posting notification of senior police officers issued on July 7, 2017, and all similar notifications as unlawful.

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 informed 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.

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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.

He added that 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.

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Therefore, the court was pleaded to direct the chief secretary and IG to file a report regarding implementation of the court’s direction in relation to the enactment of rules regarding transfers, postings and tenures in the police force.

Taking up the plea on Tuesday, the bench issued a notice to the chief secretary with direction to submit a detailed reply on implementation of the court’s order. The provincial advocate-general was told submit such a reply by February 20.



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