SC moved against Sindh police chief’s ‘kidnapping’

Several rights activists have approached the Supreme Court over the alleged ‘kidnapping’ of the inspector general of Sindh Police. The activists, who include names like IA Rehman, filed a constitutional petition in the top court on Tuesday through renowned lawyer Faisal Siddiqi.

In their petition, the activists urged the Supreme Court to declare that the ministries of interior and defence, and the Pakistan Rangers have no legal authority and jurisdiction to interfere in the jurisdiction and affairs of IGP Sindh. "Permanently restrain Respondent No.1 (‘Ministry of Interior’), Respondent No.2 (‘Ministry of Defence’) and Respondent No.6 (‘Pakistan Rangers’) from interfering in the jurisdiction and affairs of Respondent No.5 (‘IGP’) in relation to the initiation and investigation of criminal acts and omissions within the territorial jurisdiction of the Province of Sindh," the petition read.

The petitioners also requested the top court to declare that the Pakistan Rangers, being called by the Sindh government and acting pursuant to section four of the Anti-Terrorism Act, 1997, have to perform their “lawful duties under the control and superintendence of the Sindh government.” They also urged the Supreme Court to declare section two of the West Pakistan Rangers (Administration and Control) Order, 1972 ‘illegal, without jurisdiction and of no legal effect’.

The petitioners further pleaded to “… permanently restrain Respondent No.6 (Pakistan Rangers) from acting in violation of the lawful orders of the Sindh Government i.e. Respondents No.3 and 4, acting in pursuant of the Pakistan Rangers Ordinance, 1959.”

The petition called upon the Supreme Court to appoint a broad-based independent commission, headed by a retired high court or top court judge and comprised of ‘relevant and respected’ members of civil society. This commission, the petitioners requested, should be tasked with conducting a detailed inquiry into four points.

“Firstly, whether the Respondent No.5 (‘IGP’) was kidnapped and detained on 19.10.2020 and whether he was forced to issue arrest orders in relation to FIR No.591 of 2020 against retired Captain Muhammad Safdar Awan. Secondly, if the answer to the first question is in affirmative, then who were the persons or institutions involved in the aforementioned illegal and malafide acts. Thirdly, recommend legal actions including but not limited to administrative proceedings against any or all persons involved in the aforementioned illegal and malafide acts. Fourthly, recommend future reform in order to avoid the aforementioned illegal and malafide acts.”

The petitioners also requested the court to “direct this commission… submit a report within two month for the consideration of this Honourable Court and for passing of appropriate and further orders.”

The petitioners argued that their petition involves the question of public importance relating to the enforcement of their fundamental rights for several reasons.

“Firstly, if the IGP of a province can be kidnapped and detained then the fundamental rights including the right to life and liberty under Article 9, right to dignity under Article 14 and right to due process under Article 10A, Constitution, 1973, of all citizens and persons living in the province of Sindh, including the Petitioners, have been irreparably prejudiced and the guarantee of fundamental rights has become unenforceable,” the petition read. “Secondly, the fundamental rights in the Constitution, as well as, the crucial function of the State to maintain law and order is irreparably prejudiced where the autonomy of the Police has been irreparably prejudiced by the kidnapping and detention of its Police chief. Therefore, the very foundations of the Pakistani state have been shaken by this illegal and malafide act.”

“Thirdly, the kidnapping and detention of the Respondent No.5 (‘IGP’) and the illegal and malafide interference in a criminal investigation involves grave issues of fundamental rights including but not limited to issues of provincial autonomy, an effective police force, which is only possible if it is autonomous from extraneous influences, and the grave threat to the fundamental rights guaranteed under the Constitution,” the petition added.

Reports that the IGP Sindh was allegedly abducted emerged a day after the arrest and release on bail of Pakistan Muslim League-Nawaz leader Capt Mohammad Safdar in Karachi. Following the events, a journalist shared a voice message in which PML-N leader Muhammad Zubair purportedly said the Sindh chief minister had confirmed that the Sindh police were pressured into making the arrest. “"When they (police) refused to do that, Rangers kidnapped [the IGP]," Zubair allegedly said in the message.

Various federal government ministers have denied the reports that the IGP was ‘kidnapped and pressured’, and have accused opposition parties of building up a fake narrative around Safdar’s arrest.