Despite clear orders by the Supreme Court, the Sindh Law Department is reluctant to fire grade 18 contract law officers, who were appointed on political grounds and the quota of ruling political parties’ representatives.
A Supreme Court’s special bench, which was proceeding with the suo moto case on Karachi’s targeted killings and the law and order situation, had ordered the Sindh government on October 29 to immediately fire law officers appointed on contract basis. The orders were passed in the presence of Sindh Law Secretary Ghulam Nabi Shah, Advocate General Fatah Malak and Prosecutor General Shahadat Awan.
On the second day of the orders, the law secretary submitted a notification in the court that was issued by him regarding the termination of only 37 special public prosecutors of anti-terrorism courts of the province, but he deliberately neither terminated the 176 law officers (deputy district attorneys) appointed by him, nor did he bring this fact into the knowledge of the bench.
According to sources within the Law Department, these deputy district attorneys were appointed by the department, on the recommendations of political high-ups of the ruling parties. Their contracts are extended every year since 2008 when the current government came into power. The sources said the ruling party wants to grant them permanent status by presenting a bill in the Sindh Assembly at an appropriate time.
A complaint was also lodged by an officer of the department, Imam Bux Sial of Dadu district, to the SHC chief justice regarding this issue and an investigation team started probing the case.
According to rules, all appointments to grade 11 and above should be made through the Sindh Public Service Commission, but ironically, laws are flouted in the Law Department for the last many years.
The head of the Law Department, Ghualam Nabi Shah is a retired district and sessions judge, working on the post for the last 13 years on contract basis and getting a salary of 0.7 million. His son, Kamil Shah, is the assistant advocate general and his brother Anwar Shah is the deputy public prosecutor of Karachi’s District West. Both of them are non-commissioned officers.
Apart from the district judiciary, the majority of the appointments of law officers in upper courts were also made on political grounds and in many cases, over-aged lawyers were also appointed.
Advocate General Fatah Malak, Additional Advocate General Sarwar Khan and Additional Advocate General Shafi Memon are reaching there 70s and were appointed due to their political links. Fatah Malak is a close friend of Chief Minister Qaim Ali Shah. Sarwar Khan is a close friend of senior provincial minister Pir Mazharul Haq and is serving as the top law officer of province for the last seven years despite being over-aged.
Shafi Memon is the president of Pakistan People’s Party Dadu taluka and also belongs to the chamber of Pir Mazharul Haq.