AD Khowaja shall continue to work as IG Sindh till further orders: SHC

Turns down govt’s request to recall interim order in IG Sindh case

KARACHI: The Sindh High Court on Thursday turned down the provincial government’s request to recall its interim stay order regarding the transfer of IG Sindh A.D Khowaja and observed that Mr. Khowaja shall continue to work as the IG Sindh till further orders.

The direction came on the petition of Karamat Ali and other rights activists and non-government organizations against the repeal of the Police Order, 2002, purportedly through the Sindh (Repeal of the Police Order, 2002 & Revival of the Police Act, 1861) Act, 2011, lack of implementation of the Police Order, 2002, and the illegal action of the Sindh government with regard to the transfer of IG Sindh A.D Khowaja.

The court, on the previous hearing, had suspended the Sindh government’s notifications regarding the transfer of IG Sindh A.D Khowaja and appointment of Sardar Abdul Majeed as the acting IG and restored Mr. Khowaja as IG Sindh.Advocate General, Sindh, Zamir Ghumro, filed the statement of secretary services, submitting that surrendering the services of AD Khowaja to the federal government was not a violation of SHC’s restraining order as Khowaja was working in his own pay scale basis.

He submitted that the Sindh cabinet had met and the cabinet had also given sanction and approval to the order and notifications regarding the transfer of IG Sindh AD Khowaja as well as appointment of Sardar Abdul Majeed Dasti as IG Sindh in his place.

He also placed documents relating to the cabinet meeting before the court and requested the court to vacate the interim order in respect of AD Khowaja's transfer and appointment of Sardar Abdul Majeed Dasti as the IG Sindh. The court, however, turned down the request of the AG Sindh and directed that the interim order shall continue till the next date of hearing.

The federal government law officer also submitted the copy of the prime minister’s meeting's minutes with governors and chief ministers of provinces in 1993 with regard to the posting of chief secretaries and IGs of provinces.

It was decided in the meeting that the chief secretary and IG in a province shall be posted by the federal government in consultation with the provincial government concerned and due consideration will be given to the recommendations of the provincial government. According to the decision, the name or panel of names of officers was to be conveyed to the provincial government concerned for such posting and if there was no response from the provincial government within 15 days, the federal government would proceed to make such an appointment of officer or any officer named in the panel and it will be deemed to have the approval of provincial government concerned.

The petitioner’s counsel, Faisal Siddiqui, submitted that the Police Order 2002 was repealed by the Sindh government in 2011 by reviving the Police Act 1861 though the Police Order 2002 had been protected under Article 142(b) of the Constitution, which confers concurrent jurisdiction of parliament and the provincial assembly to make law with respect to the criminal law, criminal procedure and evidence.

  He submitted that it was responsibility of the federal government to protect the provinces from internal disturbance and external aggression and ensure government of the provinces shall act in accordance with the Constitution adding that legislation in police including Railways police come within domain of federal government. He submitted that Punjab and Khyber Pakhtoonkhawa governments did not repeal the Police Order 2002 but made necessary amendments in the law. The counsel submitted that singular act of the provincial government which result in promulgation of revival of Police Act 2011 has no constitutional merit besides Article 143 provides that where there is an inconsistency between federal and provincial laws, the federal laws prevails therefore repeal of federal law by the provincial legislators through the Act 2011 was direct violation of these constitutional provisions. SHC’s division bench headed by Justice Munib Akhtar adjourned the hearing till April 11 for further submission of the petitioner’s counsel and government law officers.