PHOTO: EXPRESS/FILE
KARACHI: The Sindh High Court (SHC) restricted the authorities on Monday from replacing Sindh Inspector General of Police (IGP) Dr Kaleem Imam and sought replies from the federal and provincial governments.
A two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, was hearing a plea filed by activist Jibran Nasir, challenging Imam's removal from the post of the provincial police chief.
The Sindh cabinet had decided last week to remove the top cop from his position, writing a letter to the Establishment Division that requested the surrender of Imam's services back to the Centre. The decision was met with an outcry from opposition leaders.
In the hearing, the petitioner's counsel said that according to the Sindh government, Imam had to be removed from the post because he had failed to control crime in the province and lost the cabinet's trust.
Nasir maintained that the removal of the IGP was illegal and unconstitutional. He claimed that there had been no consultation with the federal government by the Sindh government regarding the removal of the current IGP and the appointment of another official in his place, which, according to him, was a violation of the law.
The petitioner further informed the court that two senior police officials had earlier been suspended, but their orders of suspension had been nullified by the SHC.
The court remarked that the replacement of the IGP had not been restricted, but asked how he could be replaced without the response of the federal government.
The Sindh deputy advocate general informed the bench that the provincial government had not yet replaced the police chief.
The court stated that Imam would remain as the Sindh IGP until the Establishment Division responded to the Sindh government's request. It added that the SHC had already issued orders that the new police chief would only be appointed after consultation between the provincial and federal governments.
Observing that the federal government had apparently not been consulted before Imam's removal, the court directed the Sindh government to consult with the Centre and appoint the new IGP according to the law.
The bench further restricted the authorities from replacing Imam and issued notices to the federal and provincial governments, ordering them to submit replies by January 28.
School fees case
In a separate hearing, the bench summoned the director of a private school, The Academy, at the next hearing of a case pertaining to the expulsion of students from classrooms over their failure to pay additional fees.
Dr Mansoob Hussain Siddiqui, the director general of the Sindh Directorate of Privately Managed Institutions and Inspection, appeared in court.
Meanwhile, the school's counsel maintained that newspapers were publishing articles against private schools. He complained that the behaviour of the students had been negatively affected, as they threatened to approach the courts about every matter.
The court summoned the school director to the next hearing and adjourned the hearing till February 6.
Trapped in IOK
In a separate, the SHC sought details of Pakistani women living in Indian-occupied Kashmir (IOK) after marriage.
The bench heard a petition filed by human rights activist Ansar Burney, seeking to bring back Pakistani women from IOK.
According to Burney, at least 350 such women are trapped in IOK after marrying Kashmiri men. He added that they were facing difficulties after the Indian government revoked Kashmir's special status.
The court asked the petitioner whether he had been contacted by the women, upon which Burney said that they and their families had reached out to him.
The bench sought details of Pakistani women residing in IOK after marriage, further ordering Burney to attach the applications of the women to his petition.
Extending tenure
A petition was filed in the SHC on Monday, seeking an extension of the tenure of SHC judges by an additional five years.
The petition, filed by Naqvi, named the federal government, establishment secretary, law secretary and others as respondents.
Appealing to the court to extend the judges' tenure by up to five years, Naqvi claimed the decision was necessary for the provision of timely justice and the development of the judicial system.
The same petitioner also filed another plea moving the court to increase the number of judges in the high court and in Sindh's sessions courts, nominating the federal government, establishment secretary and finance secretary as parties.
He maintained that cases were not being disposed of due to the shortage of judges and facilities in the courts, and asked the SHC to direct the government to increase the number of judges and ensure the provision of facilities in the courts.
With additional input from PPI
Published in The Express Tribune, January 21st, 2020.
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