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Petition Seeking De-Politicisation Of The Police Force And Illegal Removal Of The Inspector General, Sindh

Petition Seeking De-Politicisation Of The Police Force And Illegal Removal Of The Inspector General, Sindh

CP No. D-7097 of 2016 and D-131 of 2017 [Karamat Ali and Others Versus Federation of Pakistan and Others]

The Petitions were filed before the Honourable High Court of Sindh, inter-alia, to challenge the unconstitutional 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, which is constitutionally in force and the illegal and malafide action of the Sindh Government in interfering with the work of and making ineffective the Inspector General of Police by sending him on forced leave.

It is important to observe that the Petitioners were successful in obtaining an Injunction Order dated: 28-12-2016, in the present Petition, whereby the Honourable High Court restrained the Provincial Government from removing the Inspector General of Police from service.

On 31-03-2017, the Provincial Government surrendered the services of the Inspector General i.e. A.D. Khawaja to the Federal Government and recommended names of three officers as his replacement. A day later, without waiting for the Federal Government’s confirmation, the Provincial Government through letter dated: 01-04-2017, appointed Sardar Abdul Majeed as acting IG Sindh.

However, the Honourable High Court of Sindh through Order dated: 03-04-2017, suspended both the notification, one surrendering AD Khowaja’s services to the Federal Government and another appointing Sardar Abdul Majeed Dasti as acting Police Chief.

On 07.09.2017 the Honourable High Court of Sindh, announced the Judgment in the aforementioned Petitions and held as follows:

  1. The tenure of the Inspector General of Police under the Sindh Government Rules of Business, 1986, is five years, which cannot be disregarded, disobeyed or flouted by the Sindh Government. However, if at any time, the Sindh Government amends or alters the 1986 Rules in relation to the term or tenure of the Inspector General of Police, such term cannot under any circumstance be reduced to less than three years.
  2. The post of Inspector General of Police has a fixed term of posting associated with it as stated above. The Inspector General of Police, Sindh, can only be removed during the aforementioned term for compelling reasons as laid down by the Honourable Supreme Court in Anita Turab’s case.
  3. The Notifications dated: 31.03.2017 and 01.04.2017 of the Sindh Government through which the Inspector General of Police was illegally removed were quashed, thereby permanently restoring the Inspector General of Police, Sindh, to his current charge/posting.
  4. It was also held that the position of the Inspector General of Police is at the apex of the Police force, therefore, any attempt to sideline or curtail his power directly or indirectly would be contrary to law and of no legal effect. Consequently, the power to carry out transfers and postings within the police force, at all levels, vests in the Inspector General of Police. Hence, the order/notification dated: 07.07.2017 and all subsequent orders/notifications, regarding various transfers/postings of subordinate police officers are quashed as being contrary to law and of no legal effect. The Honourable Court also ordered the Sindh Government to make rules in which Inspector General’s autonomy of command and independence of operation is ensured, and in the meanwhile, no transfer and posting of police officials should take place without the Inspector General’s order.
  5. The Honourable Court has also directed the Sindh Government to develop and devise police reforms.
  6. The Police Order 2002, in pith and substance, lay under the exclusive provincial domain. Therefore, it was fully within the legislative competence of the Sindh Assembly to repeal the Police Order, 2002, and replace it with such legislation relating to the police as it consider appropriate, in this case the Police Act,1861.
  7. Formation of a Judicial Commission for issuing directions for police reforms lies beyond the jurisdiction of the High Court under Article 199, Constitution, 1973. This could entail massive changes being made to the Police Act,1861, and it could even virtually amount to a replacement of the statute. Hence, this relief is not liable to be granted.

The following documents are available for viewing online:

  1. Memo of Constitution Petition No.7097
  2. Memo of Constitution Petition No.131
  3. High Court Order dated 28.12.2016 
  4. High Court Order dated 3.04.2017 
  5. Judgment dated 07.09.2017
  6. Summary of the judgment

The Application for Contempt of Court was filed before the Honourable High Court of Sindh, against Mr. Syed Murad Ali Shah, Chief Minister, and Mr. Rizwan Memon, Chief Secretary, for failing to consider and implement the revised and amended draft of “The Sindh Police (Posting, Transfer & Tenure) Rules, 2017” sent by the Inspector General of Sindh Police in compliance of the Judgment dated: 07.09.2017.

On 12.10.2018 the learned Advocate General Sindh requested three weeks’ time for file a reply to the Contempt Application, which was granted by the Honourable High Court through its Order dated: 12.10.2018.

On 07.11.2018, the learned AAG submitted that the reply of the alleged contemnor No. 2 was ready, however, the learned Advocate General Sindh was out of Karachi, hence; had seen nor perused the comments/reply. The Honourable Court gave directions for the reply/comments to be submitted within 7 days’ time and adjourned the matter to 06.12.2018.

On 06.12.2018, the Honourable Court granted the learned Advocate General of Sindh’s adjournment request, which was sought on the basis that the draft rules had been prepared and were sent to the Cabinet for approval, hence; time was required to place on record the progress made thereon before theHonourable Court. Direction was given to produce the same by or before the next date of hearing, i.e. 24.01.2019.

The Bill has been passed but the same is not a public document. The learned Judge would present the same in the next hearing which is 13.06.19.

  1. The Sindh Police (Posting, Transfer & Tenure) Rules, 2017
  2. Contempt Application
  3. High Court Order dated: 07.11.2018

CP No. 4279 of 2017 and 4280 of 2017 [Province of Sindh and Others Versus Karamat Ali and Others]

The Appeals were filed by the Government of Sindh, before the Honourable Supreme Court of Pakistan, against the Judgment of the Honourable High Court of Sindh dated 07.09.2017.

On 18.01.2018, the Honourable Supreme Court of Pakistan granted the Leave to Appeal of Sindh Government and Ordered that Mr. A.D. Khawaja, Inspector General of Police, Sindh, shall not be removed even if the Federal Government consented to his removal. Moreover, the power to make Transfers and Postings lie with the IG Sindh, and Provincial Government has no power to play any role in it.

On 22.03.2018, the Honourable Supreme Court dismissed the appeals on the ground that these appeals have no merits. The Courts also hold that the Province of Sindh shall be entitled to make new laws confirming with modern needs while staying in the parameters of the impugned judgment and revoke its Order dated 18.01.2018, through which the court restrained the transfer of Mr. A.D. Khawaja, Inspector General of Police, Sindh.

The Petitioner has filed a Civil Review Petition against the impugned Order of the Honourable Supreme Court dated 22.03.2018.

The following documents are available for viewing online:

  1. Supreme Court Order dated 18.01.2018 
  2. Supreme Court Order dated 22.03.2018