Fighting to lose

Given its track record, PPP govt will put aside the governor’s objections and notify the Bill into an act

The Sindh governor probably had no other choice but to return the new police law to the provincial assembly for reconsideration. In a note on the bill, the governor remarked that the new law was full of legal and operational flaws and inconsistencies. The Sindh Assembly had, on May 18, passed the Sindh (Repeal of the Police Act 1861) and Revival of the Police Order 2000) Amendment Bill 2019 amid reservations, protests and boycott by all the Opposition parties.

In his objections on the proposed law, the governor drew the attention of the legislators to three main points. First, he found several articles of the Bill in blatant violation of the directions given by the Sindh High Court and the Supreme Court of Pakistan to bring about reforms in the police set-up ensuring its operational autonomy and reducing its vulnerability to political machinations and manipulations. The governor referred to the courts’ directions and the principles and parameters it had laid down relating to appointment, transfer and posting tenure of police officials, including IGP. The governor also referred to the judgment of the apex court which said that “transfers and postings on all senior cadre posts shall be made by the IGP.”

Secondly, the governor regretted that notwithstanding what the Bill claims in its title, it is completely inconsistent with the original Police Order 2000. Thirdly, the governor reminded that the apex court had already declared the concurrent jurisdiction of the Police Order 2002. Therefore, in terms of Article 143 of the Constitution, the provincial government or the provincial assembly could not override the provisions of the Police Order 2000.

Given its track record, the Pakistan Peoples Party government will, in all probability, put aside the governor’s objections and notify the Bill into an act. But what about directions of the judiciary on police law? The chief minister and the PPP leadership seem to be fighting a losing battle for a selective cowardice which is not always a guarantee for success in political manipulations.

Published in The Express Tribune, June 1^st, 2019.

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