Govt's reply sought on formulation of police transfer, posting rules

SHC bench asks law officer to submit report by April 11

KARACHI:

The Sindh High Court (SHC) allowed on Wednesday more time to the provincial law officer to seek instructions from the Sindh government regarding formulation of rules for transfers and postings of police officers in light of the directives given by the Supreme Court.

A two-judge bench, headed by Justice Munib Akhtar, told the law officer to submit a report in this regard by April 11.

The judges were hearing an application seeking contempt of court proceedings against the provincial chief minister (CM) and chief secretary over alleged non-implementation of the court's judgment regarding the enactment of rules to regulate transfers, postings and tenures in the police force.

The application seeking contempt of the court proceedings against CM Murad Ali Shah and Chief Secretary Muhammad Rizwan Memon was filed by a group of civil rights campaigners for allegedly failing to implement the court's earlier orders.

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, including the 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.

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 that the court had observed that the draft rules will 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 by the police chief.

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 the rules regarding transfers, postings and tenures in the police force.

On Wednesday, Additional Advocate-General Shabbir Shah said that the provincial government was reviewing the directives given by the apex court on the government's appeal in a case relating to the appointment of the IG. Therefore, he requested time to enable him to seek instructions from the government and submit a report to this effect.

Granting the request, the bench allowed him time till April 11 to do so.