KARACHI: Civil society and human rights activists on Thursday expressed their satisfaction over the verdict announced by Sindh High Court in a constitutional petition in police reforms case and expressed the hope that the provincial government would also accept it. They urged the police to help citizens maintain law and order and provide security to the public.
Addressing a joint press conference at Karachi Press Club, Karamat Ali, flanked by Resident Director of Aurat Foundation Mahnaz Rahman, Khateeb Ahmed from Shehri, General Secretary of Pakistan Fisherfolk Forum Saeed Baloch, Executive Director of Workers Education and Research Organisation Mir Zulfiqar Ali, and Shireen Khokhar of Human Rights Commission of Pakistan, said that although the Sindh High Court had not accepted their plea to declare the Police Order 1861 null and void, they were happy that the court had given a historic verdict regarding police reforms and restored the powers of inspector general.
“Onus is now on the Sindh government to introduce police reforms in province,” he added. Ali pointed out that the petition had accepted the provincial assembly’s powers to make any laws. “It has also mentioned that under the Sindh Government Rules of Business 1986, the tenure for IG is five years. However, the court has also endorsed that the provincial government has the powers to reduce the tenure. However, the tenure should not be less than three years,” he added.
The court has accepted the legislative competence of “Police” is in the exclusive provincial domain. The Court has declared that the Sindh (Repeal of the Police Order, 2002 and Revival of the Police Act, 1861) Act, 2011 is intra vires the Constitution and therefore, the Police Act, 1861, as revived and restored by the said Act, is the law in force in this province and not the Police Order, 2002.
The post of inspector general has a fixed term associated with it. Therefore, the court held that if at all an inspector general can be removed during the term can only be for compelling reasons as laid down in Supreme Court judgment in Anita Turab case.
The court also ordered provincial government to make rules in which inspector general’s autonomy of command and independence of operation is ensured, in the meanwhile no transfers and postings of police force will take place without inspector general’s order.
The court has also advised the government to conduct police reforms and it was hoped that it would be the initial step towards police reforms and fresh petition can also be filled on the remaining issues.
‘’We also call upon civil society in particular and citizens in general, to make all efforts including but not limited to public mobilisation, to ensure the implementation of this judgment leading to a depoliticised police and a citizen receptive, protective and sensitive police,” it was added.
