SC questions the legality of the new promotion law

Judges questions if it is violating fundamental rights guaranteed in the Constitution.

KARACHI: The Sindh government might have felt justified in legalising the out-of-turn promotions of police officers through a new legislation, but on Tuesday, the Supreme Court questioned whether the new law was in consonance or against the fundamental rights.

“Earlier, an ordinance was passed which ultimately lapsed. Then, a new law has been passed,” remarked Justice Anwar Zaheer Jamali.

The large bench initiated a hearing on various petitions and applications filed by police officials against and in favour of the out-of-turn promotions. Since 2010 the cases have been pending adjudication. The petitioners had argued that such promotions were in violation of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules 1974.

On the other hand, the Sindh government had defended the out-of-turn promoted officers, arguing that they deserved such awards for their bravery demonstrated in the line of duty, particularly in eradicating terrorism.

The apex court had, however, nullified the out-of-turn promotions, ordering demotion of all the beneficiary officers. It had also ordered repatriation of all officers, who were inducted from other departments to the provincial government departments, then absorbed and deputed to lucrative posts.

On February 6, a two-member bench had referred the matter to the larger bench to hear and decide the cases, after the Sindh government had legalised the out-of-turn promotions by passing Sindh Civil Servants (Amendment) Bill 2013.

On Monday, the judges observed that legality of the law needs to be examined.

“We have to see whether it is ultra vires of the Constitution,” Justice Jamali mused while looking at a large number of petitioners standing in the front of the bench.

The bench observed that some officers were benefitting from the law while others awaiting their promotions were also affected by it, so it had to be examined whether the law had violated the fundamental rights guaranteed under the Constitution or not.

“Does this (law) violate articles 10-A and 25 of the Constitution or not?” questioned Justice Sarmad Jalal Osmany, a member of the bench, which appointed two senior officers as Amicus Curiae (friends of the court) to assist it decide the new law’s legality. The Sindh advocate general has also been directed to argue on legality of the law.

The hearing has been adjourned till the next session.

Published in The Express Tribune, February 27^th, 2013.