SC tells Punjab, K-P to enforce law on police transfers

The Supreme Court on Thursday ordered the provincial governments of Punjab and Khyber-Pakhtunkhwa (K-P) to implement Police Order 2002 and barred the transfer of police officers before the end of their tenure as specified in the relevant law.

A three-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial heard a case regarding the transfer of police officers on political grounds.

The court ordered that if a transfer is unavoidable before the stipulated time then reasons should be presented and no officer shall be removed without consulting a senior police officer.

“Why not the same formula of good governance should be adopted in Sindh and Balochistan?” the chief justice inquired.

The apex court also sought a list of officers who have been transferred during the last decade from Punjab, K-P, Sindh and Balochistan police.

“Will the Punjab government follow the law itself or should the court pass an order?” the CJP asked.

The top judge further directed that the court be informed after taking instructions from the provincial government and noted that people are suffering due to crime and insecurity.

The chief justice also stated that transfers of police officers should not be done on the orders of any member of the provincial assembly (MPA), adding that according to law, a city police officer (CPO) or district police officer (DPO) cannot be removed before three years and that it is the prerogative of inspector general (IG).

The apex court furthered that there is a perception that the police are used by governments as a political weapon, adding that according to the law, investigative officers should be separated from other police functions.

The chief justice also noted that investigating officers should have a separate position so that they are independent in decision-making.

“There is no such thing as investigative skills in the police,” the chief justice stated, adding that the police present “flawed evidence that benefits the accused”.

“If the police will benefit the accused, where will the victim go?” the top judge asked.

Additional advocate general Punjab remarked that transfers of police officers are taking place only after consultation.

The chief justice remarked that the case of attack on PTI Chairman Imran Khan was not being registered due to political interference. He said the Supreme Court had to order the registration of the case as several days had passed.

The top judge said that there will be no need for a court order if the Punjab government follows the law.

The chief justice noted that killings are increasing in K-P and so are the cases of murder of lawyers. He said the K-P government did not submit a report on the transfer of police officials despite the issuance of a notice.

Chief Justice Bandial furthered that the court has taken notice of the police transfers due to the public being affected, adding that the entire system is affected by the unrelated postings.

The court adjourned the hearing of the case till the second week of January 2023.