SHC suspends notification on surrendering services of DIG, SP

KARACHI: The Sindh High Court on Monday suspended the Sindh government’s notification on surrendering the services of DIG Establishment and SP Shikarpur to the federal government till further orders.

The interim order came on an application against surrendering the services of DIG Establishment Khadim Hussain Rind and SP Shikarpur Dr. Mohammad Rizwan Ahmed Khan to the federal government without the consultation and knowledge of IGP Sindh.

Petitioner Jibran Nasir and others, who challenged the vires of newly-introduced Sindh Police law and conferment of power on transfers and postings of police officers to the chief minister, submitted in the application that the chief secretary had transferred the police officers without the consultation and knowledge of IGP Sindh. Petitioner's counsel Faisal Siddiqui referred the letter of IGP Sindh, sent to chief secretary on December 10, pointing out that sudden and unplanned surrender of these officers came as a surprise

and had not only affected police working but had created an environment of uncertainty among the police officers. The counsel submitted that the IGP mentioned that such decisions have demoralized the police force and undermined the command of IGP.

He submitted that IGP Sindh came to know about surrendering of services of his officers through the media and the IGP Sindh was of the view that such transfers had happened at a time when his office was making a sincere effort to avoid frequent transfers and provide a reasonable tenure to officers serving on different field and staff assignments.

The counsel submitted that IGP Sindh also mentioned the judgment of the SHC in which it was held that the IGP must have an independent control on postings and transfers on which judgment was also upheld by the Supreme Court. He referred the Article 13 of Sindh (repeal of the police Act 1861 and revival of police order 2002) (Amendment) Act 2019 in which it was clearly provided that the government may post such number of additional inspectors general of police and DIGs to assist the IG and AIGs as the case may be.

He submitted that the letter of IGP Sindh to chief secretary reflected that no consultation or discussion was ever made with the IGP, otherwise there was no occasion to show such surprise by him in his letter. He also referred to Article 17 of the law which provides that postings of SP, ASP and DSP shall be made by the IG and term of office of SP, ASP or DSP shall be as may be prescribed. The counsel submitted that police officers may be transferred before completion of term of office in case exigency of service or on grounds of misconduct and inefficiency which warrant major penalty under the relevant rules however no such exigency or circumstances have been pointed out in the impugned notifications whereby the services of DIG Establishment and SP Shikarpur were surrendered to the federal government nor the IG Sindh in his letter has shown any concern against the two police officers. He requested the court to cancel notification with regard to surrendering the services of police officers to the federal government.

The additional advocate general waived notice on the application and sought time to file comments on the application. The court in meantime suspended the operation of the notifications with regard to surrendering the services of DIG Establishment Khadim Hussain Rind and SP Shikarpur Dr. Mohammad Rizwan Ahmed Khan to the federal government and adjourned the hearing till December 24.

The petitioners had submitted in the petition that the Sindh government had promulgated the police law but violated directions of the SHC that directed the provincial government to ensure that the tenure of Sindh IGP was not less than three years.

They had submitted that the Sindh government established the provincial public safety and police complaints commission, however, the composition of the aforesaid commission made it clear that the government had formed it with bad intention as it attempted to politicise the Sindh Police because certain members of the commission, especially former information minister Sharjeel Inam Memon, were controversial figures.

It was claimed in the petition that the appointment of controversial members in the commission made it evident that the Sindh government desired to politicise the police and destroy its independence.

The petitioners had submitted that the SHC in its September 7, 2017 judgment had held that the autonomy of command and the independence of the police, which essentially and necessarily includes dominant control over transfers and postings of all police officers, could only be ensured if the IGP had autonomy of command and independence in matters of transfers and postings of police officers.

The high court was requested to declare the Section 13 of the Police Act to be unlawful and direct the IGP to strictly abide by the earlier SHC judgment in relation to the appointment of additional IGs and DIGs. The petitioners asked the SHC to rule that notifications of all postings of police high-ups were to be issued by the IGP.

The petitioners had further requested the high court to declare that any order of the CM and the provincial government under Section 15 of the Act regarding postings and transfers of DIGs and SSPs was not binding upon the IGP and consultation of the police chief in police officers' appointments was mandatory.

The SHC was also requested to direct the Sindh government to fully implement the sections 37 to 48 of the law that deal with the police complaints commission and remove controversial members from the commission.

The petitioners also asked the high court to direct the government to ensure the financial autonomy of the Sindh Police under the IGP and timely release of legitimate funds for the functioning and development of Sindh Police.