Chiding the federal government for its lack of interest in the prevailing law and order in the city, the Supreme Court on Friday expressed concern after coming to know that hundreds of on-duty police functionaries were under trial in various provincial courts for committing crimes, including murder. The larger SC bench of Justices Jawwad S Khawaja, Justice Khilji Arif Hussain, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim was informed that over 5,200 deserving officers in the police department were feeling “frustrated” with the government’s decision to give a legal cover to out-of-turn promotions through Thursday’s enactment of Sindh Civil Servants (Amendment) Act 2013. “If indeed these police functionaries are enjoying field postings despite the criminal cases against them, it represents an alarming and dangerous breakdown of the administration of police department prima facie,” the bench said in its interim order issued on Friday. Quoting a list provided to it by the Sindh High Court, the bench observed that there were 300 to 400 police functionaries facing criminal trials. It asked Sindh IGP Fayyaz Leghari whether these policemen were performing active duty in the field and had faced any departmental “disciplinary action”. Leghari, however, said he was heading a force of a 100,000 policemen and could not pinpoint the current posting locations of such officers. Ali Sher Jakrani, AIG (Legal), also expressed his inability to answer the court’s questions. “It is our understanding that these persons, despite being challenged and being proceeded against, are currently enjoying field postings,” the bench said. The court asked Leghari to submit a complete report setting out the current postings of these officials, the disciplinary action, if any, which might have been initiated against these functionaries, the reason why the prosecution had not been concluded and the actions, if any, taken in respect of these persons.
Seized with the hearing of the Karachi law and order case, the bench took a strong exception to the federal government’s lukewarm response to its earlier orders of Centre taking action against 0.1 million foreigners residing in the city illegally.
“Today, after a lapse of almost three-and-a-half months from the date of the aforesaid letter, the learned DAG has stated that no action pursuant to the same has been taken,” the court observed, adding that this “provides the clearest manifestation of the absence of interest or active involvement of the federal government in the prevailing situation”. The bench was also unhappy with the NADRA DG and Police who were directed to set up a joint cell of specialised officials and experts along with adequate manpower to identify illegal foreigners. “This exercise was to be completed within a year of our judgment dated October 6, 2011. It is regrettable that this has not been done,” it said.
The judges also gave a week’s time to the government to evolve, in consultation with political parties, a strategy to deal with “illegal strikes” that hindered smooth running of economic and commercial activities in the city. “The learned advocate general states that the report in this respect has not yet been submitted and seeks some time to file the same,” the bench stated.
The proceedings were later adjourned until February 25.
Centre not interested in Karachi peace: SC
